Appellate Division: Second Judicial Department

M164423

E/nl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-04969 In the Matter of Norris Fletcher, appellant, v Kevin Cheverko, etc., et al., respondents. (Index No. 12-730)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered March 29, 2013, as a poor person and for the assignment of counsel.

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 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 motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until December 30, 2013.

ENG, P.J., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court