Appellate Division: Second Judicial Department

M99014

E/ct

MARK C. DILLON, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2009-09357 In the Matter of Albin Lobaina, appellant, v Human Resources Administration, Office of Child Support Enforcement, respondent. (Index No. 4505/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Queens County, entered June 10, 2009, as a poor person and for the assignment of counsel.

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 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 branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, 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 a brief on the appeal is enlarged until April 26, 2010.

DILLON, J.P., SANTUCCI, BALKIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court