Appellate Division: Second Judicial Department

M105905

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-01661 Pierre A. Debrosse, appellant, v Fulton IM Center #61, respondent. (Index No. 2194/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 11, 2009, "[t]o be recognized as a pro se appellant" and for poor person relief.

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 "[t]o be recognized as a pro se appellant" is denied as unnecessary as the appellant may appear pro se as of right (see CPLR 321[a]); and it is further,

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 and for free transcripts are denied; 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 October 4, 2010.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court