Appellate Division: Second Judicial Department

M200626

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-04351 Richard A. Brummel, appellant-respondent, v Board of Trustees of Village of East Hills, N.Y., et al., respondents-appellants, Blank Slate Media, LLC, et al., respondents. (Index No. 2772/14)

DECISION & ORDER ON MOTION

Motion by Richard A. Brummel for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated February 2, 2015, and for poor person relief.

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 appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied; and it is further,

ORDERED that on the Court's own motion, the appellant-respondent's time to perfect the appeal is enlarged until January 4, 2016, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

 ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

LEVENTHAL, J.P., COHEN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court