Appellate Division: Second Judicial Department

M98099

S/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-03623 Karen A. Conway, respondent, v Thomas E. Conway, appellant. (Index No. 3026/07)

DECISION & ORDER ON MOTION

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, dated March 17, 2009, on the original papers and to waive the filing fee, and to enlarge the time to perfect the appeal.

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 for leave to prosecute the appeal on the original papers and to waive the filing fee 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 payment of the filing fee is waived; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted; and it is further,

ORDERED that 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 March 30, 2010.

COVELLO, J.P., MILLER, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court