Appellate Division: Second Judicial Department

M80853

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-01488 Delville Bennett, appellant, v William Acosta, respondent. (Index No. 01-14393)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated October 15, 2007, 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 branch of the motion which is for leave to prosecute on the original papers is granted, and the appeal will be prosecuted 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 the branch of the motion which is to waive payment of the filing fee is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and 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 February 23, 2009.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court