Appellate Division: Second Judicial Department

M113264

P/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-08545 David Grossman, respondent, v Maria Composto-Longhi, appellant. (Index No. 27755-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated July 20, 2009, inter alia, to waive the motion filing fee, for leave to reargue her prior "Omnibus Motion," which was decided by decision and order of this Court dated October 15, 2010, or, in the alternative, in effect, for leave to appeal to the Court of Appeals from the decision and order of this Court dated October 15, 2010. Separate application by the appellant pro se pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order of the Supreme Court, Suffolk County, dated July 20, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court