Appellate Division: Second Judicial Department

M107095

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-07884, 2009-07887 Dominic Mandarino, et al., respondents, v Peter Mione, et al., appellants. (Index No. 14724-07)

DECISION & ORDER ON MOTION

Motion by the appellant Peter Mione to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated April 8, 2009, and a judgment of the same court dated June 9, 2009, for a stay, for poor person relief, and to waive the motion filing fee.

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 to enlarge the time to perfect the appeals is granted, the appellants' time to perfect the appeals is enlarged until October 15, 2010, and the record or appendix on the appeals and the appellants' brief(s) must be served and filed on or before that date; and it is further,

ORDERED that the branches of the motion which are for a stay and for poor person relief are denied; and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee is granted.

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

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court