Appellate Division: Second Judicial Department

M85398

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WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2008-05886, 2008-010641, 2009-00864 Danielle Biton, et al., appellants, v Ameena Meer, et al., respondents. (Index No. 6580/07)

DECISION & ORDER ON MOTION

Motion by the appellant Danielle Biton on appeals from three orders of the Supreme Court, Kings County, dated May 20, 2008, November 5, 2008, and December 22, 2008, respectively, in effect, to enlarge the time to perfect the appeal from the order dated May 20, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and for poor person relief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 20, 2008 (Appellate Division Docket No. 2008-05886), is granted, the appellants' time to perfect the appeal is enlarged until June 15, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied with leave to renew upon submission of proper records containing only the papers filed with the Supreme Court in connection with the motions that resulted in the orders appealed from (see 22 NYCRR 670.9[a]; 670.10.2); and it is further,

ORDERED that on the court's own motion, the records and briefs filed in connection with the appeals from the orders dated November 5, 2008, and December 22, 2008 (Appellate Division Docket Nos. 2008-010641 and 2009-00864), are stricken and on or before June 15, 2009, the appellant shall serve and file replacement record(s) and brief(s); and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 20, 2009, and the respondent's brief must be served and filed on or before that date.

We note that the appellant Crystal Biton must appear either pro se or by an attorney (see CPLR 321[a]).

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court