Appellate Division: Second Judicial Department

M177721

T/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2013-08322 In the Matter of Lewis Fidler, et al., appellants, v Robert Doar, etc., et al., respondents. (Index No. 450/13)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 14, 2013. Separate motion by the appellants for leave to prosecute the appeal on the original papers and to waive the filing fee.

Upon the papers filed in support of the motions 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 shall 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 branch of the motion which is to waive the filing fee is denied as unnecessary (see CPLR 1101[e]); and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal is granted, and the appellants' 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 October 6, 2014.

RIVERA, J.P., DICKERSON, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court