Appellate Division: Second Judicial Department

M95683

E/sl

FRED T. SANTUCCI, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-03342 In the Matter of Jolieth Nelson, appellant, v Allstate Insurance Company, respondent. (Index No. 17944/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated March 3, 2009, to enlarge the record to include certain evidence, to enlarge the time to perfect the appeal, and for poor person relief, including wavier of the filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition 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 enlarge the time to perfect the appeal is granted, and the 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 a brief on the appeal is enlarged until January 13, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branches of the motion which are to enlarge the record to include certain evidence and to waive the filing fee are denied.

SANTUCCI, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court