Appellate Division: Second Judicial Department

M129532

E/sl

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-03521 Pedro Collazo, appellant, v State of New York, respondent. (Claim No. 117604)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Court of Claims dated December 22, 2010, for poor person relief, and for the assignment of counsel.

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 on the Court's own motion, so much of the decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2011 Calendar," dated October 24, 2011, as dismissed the above-entitled appeal is recalled and vacated; 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 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 his brief on the appeal is enlarged until January 30, 2012; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., HALL, SGROI and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court