Appellate Division: Second Judicial Department

M213363

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-06041, 2015-09424, 2015-11925, 2016-05177 Nella Manko, appellant, v David A. Gabay, respondent. (Index No. 22148/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from three orders of the Supreme Court, Kings County, dated February 23, 2015, October 15, 2015, and April 8, 2016, respectively, and a judgment of the same court dated July 29, 2015, for poor person relief, to enlarge the time to perfect the appeals, to consolidate the appeals, and to waive the motion filing fee. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated October 15, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are for poor person relief, to enlarge the time to perfect, and to consolidate the appeals from the order dated February 23, 2015, and the judgment are denied as academic as those appeals have been perfected; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated October 15, 2015, and the application for that relief, are granted, the appellant's time to perfect that appeal is enlarged until August 1, 2016, and the record or appendix and the appellant'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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 8, 2016, is denied as premature as the time to perfect that appeal does not expire until November 3, 2016; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated October 15, 2015, and April 8, 2016, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court