Appellate Division: Second Judicial Department

M127986

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-10163 Jackie Herbst, appellant, v Herman Zev Erdan, et al., respondents. (Index No. 34981/01)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 13, 2010, and for leave to prosecute the appeal as a poor person.

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 shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and 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 January 9, 2012; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court