Appellate Division: Second Judicial Department

M161644

J/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-05925 In the Matter of Comfort Pinckney, appellant, v Richard A. Brown, etc., respondent. (Index No. 15077/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated April 19, 2013, in effect, pursuant to CPLR 5520(a) to extend the time to file a notice of appeal, which was timely served, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, pursuant to CPLR 5520(a) to extend the time to file a notice of appeal is granted, and the appellant's time to file the notice of appeal, which was timely served, is extended until October 10, 2013 (see CPLR 5520[a]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal 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 branches of the motion which are for free transcripts and to waive the filing fee are denied.

SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court