Appellate Division: Second Judicial Department

M74995

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WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-02174 D In the Matter of Danton Duncan, appellant, v New York State Department of Corrections, etc., respondent. (Index No. 29296/07)

ECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated January 11, 2008, as a poor person, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 27, 2008.

MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court