Appellate Division: Second Judicial Department

M96715

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-05578 In the Matter of John Postall, appellant, v George B. Alexander, etc., respondent. (Index No. 09-338)

DECISION & ORDER ON MOTION

Separate motions by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated May 5, 2009, in effect, to waive the filing fee and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion, in effect, to waive the filing fee, and no papers having been filed in opposition or in relation to the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, it is

ORDERED that the motions are granted, and the filing fee and the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal are waived; and it is further,

ORDERED that on the court's own motion the record on appeal is deemed to be an appendix, the appellant's time to perfect the appeal is enlarged, the appellant's appendix and brief submitted to the Clerk of the court are accepted for filing, and the Clerk of the court or his designee will subpoena the original papers constituting the record on appeal from the Supreme Court, Westchester County; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 1, 2010, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court