Appellate Division: Second Judicial Department

M92665

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-05028 In the Matter of Gregory A. Goodwine, Sr., appellant, v Brian Fischer, etc., respondent. (Index No. 7570/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated January 21, 2009, and, in effect, for leave to reargue those branches of his prior motion which were to waive payment of the filing fee, for free transcripts, and for the assignment of counsel, which was determined by decision and order on motion dated July 22, 2009.

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 enlarge the time to perfect the appeal 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 5, 2009; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to reargue those branches of his prior motion which were to waive payment of the filing fee, for free transcripts, and for the assignment of counsel is denied.

SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court