Appellate Division: Second Judicial Department

M140886

E/ct

THOMAS A. DICKERSON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-06214 In the Matter of 175 Eastern Parkway Associates, petitioner-respondent, v Jean Paul Baptiste, appellant, et al., respondent. (Index No. 70242/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal, by permission, from an order of the Appellate Term of the Supreme Court, Second, Eleventh, and Thirteenth Judicial Districts, dated April 29, 2011, and for leave to prosecute the appeal as a poor person. Cross motion by the petitioner-respondent to dismiss the appeal, inter alia, for failure to timely perfect the appeal.

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 cross 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, and the appellant's time to perfect the appeal by causing the original papers constituting the record on 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 August 20, 2012; 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; and it is further,

ORDERED that the cross motion is denied.

DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court