Appellate Division: Second Judicial Department

M188388

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-11423 Maxine Hirsch, respondent, v Denise Sirigo, appellant. (Index No. 18748/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 22, 2014, to deem the notice of appeal from the order to be a premature notice of appeal from an interlocutory judgment of the same court entered December 15, 2014, for leave to prosecute the appeal as a poor person, for the assignment of counsel, to direct the Supreme Court, Nassau County, to "transmit the file with the transcribed minutes" to this Court, for leave to file a typewritten brief, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from an interlocutory judgment of the same court entered December 15, 2014, is granted (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is for leave to file a typewritten brief is denied as unnecessary (see 22 NYCRR 670.10.3[b]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court