Appellate Division: Second Judicial Department

M102537

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2009-08635 Mihail Tutuianu, appellant, v Civil Court of City of New York Queens Small Claims Part, respondent. (Claim No. 115518)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Court of Claims dated July 28, 2009, "for leave to prosecute [the appeal] as a poor person," for leave to "proceed on a correct full record' reproduced or not produced by defendant," and to "annul[] its own decision and order on motion dated 24 February 2010."

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] as a poor person" is denied; and it is further,

ORDERED that the branches of the motion which are for leave to "proceed on a correct full record' reproduced or not produced by defendant," and to "annul[] its own decision and order on motion dated 24 February 2010" are denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a brief on the appeal is enlarged until June 24, 2010.

We note that by decision and order on motion dated February 24, 2010, the appellant was granted leave to proceed on the original papers.

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

ENTER:

James Edward Pelzer

Clerk of the Court