Appellate Division: Second Judicial Department

M164317

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-07504 Philippe Edouard Drice, appellant, v Queens County District Attorney, et al., respondents. (Index No. 28741/11)

DECISION & ORDER ON MOTION

Motion by the respondent Donna Furey to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 20, 2013, insofar as taken against her on the grounds that it is untimely taken, no appeal lies from an order denying reargument, and any issue to be raised against her is unpreserved for appellate review. Separate motion by the appellant pro se, inter alia, to enlarge the time to perfect the appeal. Separate motion by the appellant pro se, inter alia, to enlarge the time to perfect the appeal, and for poor person relief.

Upon the papers filed in support of the respondent Donna Furey's motion and the papers filed in opposition thereto, upon the papers filed in support of the appellant's motion, inter alia, to enlarge the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion, inter alia, for poor person relief, and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent Donna Furey's motion which is to dismiss the appeal insofar as taken against her on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the respondent Donna Furey's motion is otherwise denied; and it is further,

ORDERED that the branches of the appellant's motions which are to enlarge the time to perfect the appeal and the branch of the appellant's motion which is for leave to prosecute the appeal on the original papers are granted; and it is further,

ORDERED that 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 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 February 28, 2014; and it is further,

ORDERED that the appellant's motions are otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court