Balkhiyev v Sanders
Motion No: 2008-08159
Slip Opinion No: 2009 NY Slip Op 86063(U)
Decided on October 16, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M93190

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-08159

Marem Balkhiyev, et al., respondents,

v Judith Sanders, appellant, et al., defendants.

(Index No. 1953/07)

DECISION & ORDER ON MOTION

Motion by the respondent Marem Balkhiyev to waive the motion filing fee on an appeal from an order of the Supreme Court, Queens County, entered June 20, 2008, for poor persons relief, and to enlarge the respondents' time to serve and file a brief.

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 waive the motion filing fee and for poor person relief are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief are dismissed without prejudice to renew upon payment of the motion filing fee.

SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court