Appellate Division: Second Judicial Department

M87907

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2008-09784, 2009-02743 In the Matter of Norris J. McLaurin, appellant, v New York State Division of Parole, respondent. (Index No. 08-7534)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from a judgment of the Supreme Court, Orange County, dated October 7, 2008, and an order of the same court dated January 9, 2009, as a poor person, for leave to file only one copy of his brief, and to enlarge the time to perfect the appeal from the judgment.

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 appeal on the original papers is granted, and 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 the branch of the motion which is to waive the payment of the filing fee is granted; and it is further,

ORDERED that the branch of the motion which is for leave for the appellant to file only one copy of his brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated October 7, 2008 (Appellate Division Docket No. 2008-09784), is granted, and 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 his brief on the appeal is enlarged until August 10, 2009.

PRUDENTI, P.J., SANTUCCI, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court