| Salzburg v 1625 Emmons Ave. Incorporated |
| Motion No: 2014-09509 |
| Slip Opinion No: 2015 NY Slip Op 67940(U) |
| Decided on March 24, 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. |
Appellate Division: Second Judicial Department
M189506
J/ct
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2014-09509 Marcia Salzburg, appellant, v 1625 Emmons Ave. Incorporated, et al., defendants; Dinkes & Schwitzer, P.C., nonparty-respondent. (Index No. 22335/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 28, 2014, as a poor person, to enlarge the time to perfect the appeal, to schedule any appearance on a motion or cross motion in the afternoon, and to schedule oral argument on the appeal in the afternoon.
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 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 and for free transcripts are denied; and it is further,
ORDERED that 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 26, 2015; and it is further,
ORDERED that the branch of the motion which is to schedule any appearance on a motion or cross motion in the afternoon is denied as unnecessary because all motions are deemed submitted to the Court without oral argument (see 22 NYCRR 670.5[b]); and it is further,
ORDERED that the branch of the motion which is to schedule oral argument on the appeal in the afternoon is denied as premature as the appeal has not been perfected; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., HALL, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court