Appellate Division: Second Judicial Department

M154945

E/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SYLVIA HINDS-RADIX, JJ.

2012-08968 Bradford Applegate, appellant, v State of New York, respondent. (Claim No. 120235)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to waive the filing fee on an appeal from an order of the Court of Claims dated May 21, 2012, and for leave to file less than nine copies of the record or appendix on appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to waive the filing fee is denied; and it is further,

ORDERED that the branch of the motion which is to for leave to file less than nine copies of the record or appendix on appeal is denied and the appeal will be heard on the original papers in accordance with the decision and order on motion of this Court dated November 8, 2012; and it is further,

ORDERED that the application 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 June 24, 2013.

SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court