Appellate Division: Second Judicial Department

M82554

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-04689 John Peterec-Tolino, appellant, v Edward Harap, et al., respondents. (Index No. 16642/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated April 16, 2008, as a poor person, for the assignment of counsel, 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 poor person relief is granted to the extent that the appeal will be heard on the original papers (including the typewritten stenographic minutes, if any) and on the typewritten 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 enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 6, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court