Appellate Division: Second Judicial Department

M146706

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-05411, 2012-05412 In the Matter of Pedro Tavares, appellant, v "ADA" Perez, et al., respondents. (Index No. 5111/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for leave to prosecute appeals from a judgment of the Supreme Court, Dutchess County, dated November 14, 2011, and an order of the same court dated April 11, 2012, on the original papers and to waive payment of the 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 motion is granted, the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, and the appellant's brief submitted to the Clerk of the Court is accepted for filing and deemed timely served; and it is further,

ORDERED that the Clerk of the Court is directed to subpoena the original papers constituting the court file from the Supreme Court, Dutchess County; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve one copy of their brief on the appellant and file nine copies of their brief is enlarged until January 4, 2013, and the respondents' briefs must be served and filed on or before that date.

DILLON, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court