Appellate Division: Second Judicial Department

M181886

E/htr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-05412 Valrick Johnson, appellant, v Thomas Robb, etc., respondent. (Index No. 9768/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated April 10, 2014, as a poor person and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion 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 on the Court's own motion, the appellant's time to perfect the appeal is enlarged until December 26, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court