Appellate Division: Second Judicial Department

M81571

E/nl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2007-11252 The People, etc., ex rel. Carl Dushain, appellant, v Robert E. Ercole, respondent. (Index No. 5157/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to pay a reduced filing fee or to have the filing fee deducted from his correctional facility account on an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 7, 2007.

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

ORDERED that the branch of the motion which is for leave to pay a reduced filing fee is granted and the filing fee in the above-entitled appeal is reduced to the sum of $15; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 12, 2009, and upon payment of the $15 filing fee on or before that date the appellant's briefs submitted to the Clerk of this court will be accepted for filing and the Clerk of this court will subpoena the original papers from the Supreme Court, Dutchess County; and it is further,

ORDERED that the branch of the motion which is to have the filing fee deducted from the appellant's correctional facility account is denied.

SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court