Appellate Division: Second Judicial Department

M118817

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2010-11366, 2011-01358 Alexander Breytman, appellant, v Olinville Realty, LLC, respondent. (Index No. 2423/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Kings County, dated June 11, 2010, and December 10, 2010, respectively, inter alia, to stay enforcement of an order of the same court dated February 4, 2011, pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, to impose a sanction upon the respondent, its attorney, and others, for poor person relief, for leave to file less than nine copies of the appellant's brief, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix, to seal the record for the appeals, and to recuse Justice Yvonne Lewis. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix is denied as academic; and it is further,

ORDERED that the branch of the motion which is to seal the record for the appeals is denied without prejudice to marking all submissions to this Court confidential in accordance with an order of the Supreme Court, Kings County, dated September 18, 2009; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and 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 his brief on the appeals is enlarged until July 5, 2011.

PRUDENTI, P.J., DILLON, BALKIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court