Appellate Division: Second Judicial Department

M93501

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-03429, 2009-03430 Victor Y. Batshever, et al., appellants, v Jafar Jafar, etc., et al., respondents. (Index No. 32936/02)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Kings County, dated November 17, 2008, and March 23, 2009, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix. Separate motion by the appellants for leave to reargue their prior motion for leave to prosecute the appeals as a poor person, which was determined by decision and order on motion of this court dated June 1, 2009.

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 motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix is granted; and it is further,

ORDERED that the motion for leave to reargue their prior motion for leave to prosecute the appeals as a poor person is denied; and it is further,

ORDERED that the appellants' time to perfect the appeals by paying the filing fee, so that the appendix and brief submitted to the Clerk of the court may be accepted for filing, is extended until November 25, 2009; and it is further,

ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged, and after the appellants have perfected the appeals by paying the filing fee the Clerk of the court, or his designee, shall issue an order specifying the date by which the respondents' brief shall be served and filed.

DILLON, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court