Appellate Division: Second Judicial Department

M100207

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2008-02531, 2008-09871, 2008-10842 2008-11665, 2009-01169, 2009-05534 Bank of America, N.A. (USA), respondent, v Baijnath Agiwal, appellant. (Index No. 2115/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to reinstate appeals from four orders of the Supreme Court, Queens County, entered February 14, 2008, September 12, 2008, November 25, 2008, and December 4, 2008 (Appellate Division Docket Nos. 2008-02531, 2008-09871, 2008-10842, 2008-11665), respectively, to enlarge the time to perfect an appeal from an order of the same court entered February 5, 2009 (Appellate Division Docket No. 2009-01169), and, in effect, to enlarge the time to perfect an appeal from a judgment of the same court entered May 8, 2009 (Appellate Division Docket No. 2009-05534).

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 to reinstate the appeals from the orders entered February 14, 2008, September 12, 2008, and November 25, 2008, December 4, 2008 (Appellate Division Docket Nos. 2008-02531, 2008-09871, 2008-10842, 2008-11665), respectively, is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered February 5, 2009 (Appellate Division Docket No. 2009-01169), is denied; and it is further,

ORDERED that on the court's own motion, the appeal from the order entered February 5, 2009 (Appellate Division Docket No. 2009-01169), is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment entered May 8, 2009 (Appellate Division Docket No. 2009-05534), is granted, and the appellant's time to perfect that 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 May 24, 2010; and it is further,

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

ORDERED that the motion is otherwise denied.

SKELOS, J.P., SANTUCCI, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court