Appellate Division: Second Judicial Department

M146935

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-00222 The People, etc., ex rel., Carl Allen, appellant, v Evelyn Maribel, etc., respondent; Daniel M. Donovan, Jr., nonparty-respondent. (Ind. No. 390/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Richmond County, dated December 8, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, and for a preference in the calendaring of the appeal. Separate motion by the appellant pro se to stay all proceedings in the underlying criminal action, pending hearing and determination of the appeal. Application by the nonparty-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the motion to stay all proceedings is denied; and it is further,

ORDERED that the application is granted, the nonparty-respondent's time to serve and file a brief is enlarged, and the nonparty-respondent's brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.

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

ENTER:

Aprilanne Agostino

Clerk of the Court