Appellate Division: Second Judicial Department

M83193

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-08325 Eugene Krymko, respondent, v Tamara Krymko, appellant. (Index No. 14825/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated May 23, 2008, as a poor person.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal on the original papers and to waive payment of the filing fee are 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 branch of the motion which is to be provided with the transcript of the proceedings, without charge is denied; 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 her brief on the appeal is enlarged until May 5, 2009.

DILLON, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court