Appellate Division: Second Judicial Department

M84115

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-02531, 2008-09871, 2008-10842 Bank of America, N.A. (USA), respondent, v Baijnath Agiwal, appellant. (Index No. 2115/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Queens County, entered February 14, 2008, September 12, 2008, and November 25, 2008, respectively, for poor person relief, including waiver of the filing fee and to enlarge the time to perfect the appeal from the order entered February 14, 2008.

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 to waive the filing fee is denied without prejudice to consolidating the appeals (see 22 NYCRR 670.7[c][1]) and paying one filing fee; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied as academic in light of the decision and order on motion dated January 2, 2009; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered February 14, 2008, is granted, and the appellant's time to perfect that 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 a brief on the appeal is enlarged until April 21, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court