Appellate Division: Second Judicial Department

M84212

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REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2008-11482, 2008-11483 The People, etc., ex rel. Henry Barrington, appellant, v Robert E. Ercole, etc., respondent. (Index No. 08-0441)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute appeals from two orders of the Supreme Court, Dutchess County, dated July 10, 2008, and August 1, 2008, respectively, as a poor person and for the assignment of counsel.

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 the appeals on the original papers is granted, and the appeals 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 the branches of the motion which are to waive payment of the filing fee, to be provided with transcripts free of charge, and for the assignment of counsel are denied; and it is further,

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 May 26, 2009.

RIVERA, J.P., SPOLZINO, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court