Appellate Division: Second Judicial Department

M97658

J/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-10293, 2009-10294 Washington Mutual Bank, respondent, v Carolyn Schenk, appellant, et al., defendants. (Index No. 103377/06)

DECISION & ORDER ON MOTION

Motion by appellant on appeals from two orders of the Supreme Court, Richmond County, both dated October 27, 2009, inter alia, in effect, to stay all proceedings, and for poor person relief. Separate motion by the appellant for poor person relief.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motions which are to file less than nine copies of the appellant's brief, to waive the binding requirement, for leave to file her briefs by fax transmission are denied with leave to renew upon documentation that the appellant is disabled and homebound; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing her brief on the appeals is enlarged until July 6, 2010.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court