Appellate Division: Second Judicial Department

M92292

E/sl

HOWARD MILLER, J.P. HERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN

2009-02010 In the Matter of Cecil Thomas Pitts II, appellant, v City of New York Office of Comptroller, et al., respondents. (Index No. 29138/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated December 18, 2008, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, 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 branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,

ORDERED that the application 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 November 23, 2009.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court