Appellate Division: Second Judicial Department

M202486

E/sl

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2015-00933 Milton Garbutt, appellant, v State of New York, respondent. (Claim No. 124584)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Court of Claims dated September 26, 2014, for leave to reargue those branches of his prior motion which were to waive payment of the filing fee and for free transcripts, which were determined by decision and order on motion of this Court dated April 3, 2015. Separate motion by the appellant for the assignment of counsel, to enlarge the time to perfect the appeal, and for leave to withdraw his brief.

Upon the papers filed in support of the motions 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 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 its brief on the appeal is enlarged until February 3, 2016; and it is further,

ORDERED that the motion for leave to reargue and the branch of the motion which is for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is for leave to withdraw the appellant s brief is denied as unnecessary as the brief was never accepted for filing by the Clerk of this Court.

CHAMBERS, J.P., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court