Appellate Division: Second Judicial Department

M212870

E/ct

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2015-08659 Robert Tomasulo, plaintiff-appellant, v Village of Freeport, respondent; William Goodhue, nonparty-appellant. (Index No. 1902/15)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant and the nonparty-appellant for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, entered June 25, 2015, as a poor person, for leave to file less than nine copies of their brief, and to enlarge the time to perfect the 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 leave to file less than nine copies of the appellants' brief 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 August 9, 2016; and it is further,

ORDERED that no further enlargement of time shall be granted.

LEVENTHAL, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court