Appellate Division: Second Judicial Department

M215601

T/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-04033 In the Matter of People of State of New York, etc., petitioner-respondent, v Emstar Pizza, Inc., et al., respondents, Emmanuel Onuagulchi, appellant. (Index No. 17345/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 30, 2015, for poor person relief, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to waive the motion filing fee.

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 to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until September 27, 2016, and the record or appendix on the appeal 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 waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeal is denied with leave to renew by a motion made simultaneously with the perfection of the appeal; 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., DICKERSON, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court