Appellate Division: Second Judicial Department

M135110

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-05667 Marie Carmele Bastien, respondent-appellant, v Nouveau Elevator Industries, Inc., appellant- respondent, Vertical Systems Analysis, Inc., respondent. (Index No. 41355/07)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 21, 2011, for poor person relief, including waiver of the filing fee and, in effect, waiver of her obligation to pay one half of the cost of the joint record, and to enlarge the time to serve and file a brief, including the points of argument on the cross appeal.

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 poor person relief, including waiver of the filing fee and, in effect, waiver of Marie Carmele Bastien's obligation to pay one half of the cost of the joint record, is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted to the extent that Marie Carmele Bastien's time to serve and file a brief is enlarged until May 21, 2012, and on or before that date Marie Carmele Bastien shall either (1) pay one half of the cost of the joint record, file proof of that payment with the Clerk of the Court, and serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), or, in the alternative, (2) serve and file a brief as a respondent that only responds to the issues raised by Nouveau Elevator Industries, Inc., and the cross appeal shall be dismissed, and that branch of the motion is otherwise denied.

RIVERA, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court