Appellate Division: Second Judicial Department

M132875

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-10921 The People, etc., ex rel., Vincent Artis, appellant, v James Kralik, etc., et al., respondents. (Ind. No. 07-8771)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this court dated December 15, 2011, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated October 12, 2010, and for leave to prosecute the appeal as a poor person, including waiver of the filing fee.

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 to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 20, 2012, 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; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ENG, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court