Appellate Division: Second Judicial Department

M165444

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2013-06328 The People, etc., ex rel. Victor Koltun, appellant, v Carl DuBois, etc., respondent. (Index No. 9871/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated February 5, 2013, to stay certain proceedings in the County Court, Orange County, pending hearing and determination of the appeal, and to direct that the original papers be filed in this Court.

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 to enlarge the time to perfect the appeal is granted, and 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 January 17, 2014; and it is further,

ORDERED that the branch of the motion which is to direct that the original papers be filed in this Court is denied as unnecessary as the original papers have been filed with this Court; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court