Appellate Division: Second Judicial Department

M79002

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-04117, 2008-04118, 2008-04119 Larry Kosa, respondent, v Detria Legg, appellant. (Index No. 18441/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated November 24, 2008, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant pro se for leave to prosecute appeals from three orders of the Supreme Court, Kings County, dated March 2006, December 3, 2007, and January 23, 2007, respectively, as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated March 2006 (Appellate Division Docket No. 2008-04117), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not result from a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that on the court's own motion the appellant's time to perfect the appeals from the orders dated December 3, 2007, and January 23, 2007, is enlarged until December 29, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is denied.

SPOLZINO, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court