Matter of Lockley v Towns
Motion No: 2014-04234
Slip Opinion No: 2015 NY Slip Op 66282(U)
Decided on March 9, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M188550

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-04234

In the Matter of Pamela Lockley, et al.,

appellants, v Darryl Towns, etc., respondent.

(Index No. 16588/13)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Kings County dated February 11, 2014, as a poor person, to enlarge the time to perfect the appeal, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal.

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 for leave to prosecute the appeal on the original papers is granted, and 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 branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

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 May 5, 2015; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal is denied as unnecessary.

BALKIN, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court