Appellate Division: Second Judicial Department

M97300

S/sl

JOSEPH COVELLO, J.P.

FRED T. SANTUCCI

HOWARD MILLER

PLUMMER E. LOTT, JJ.

2009-02489 U. S. National Bank Association, etc., respondent, v Martha Lewis, appellant, et al., defendants. (Index No. 44046/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 6, 2009, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to proceed 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 for poor person relief is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, 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 her brief on the appeal is enlarged until March 16, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted.

COVELLO, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court