| Manko v Gabay |
| Motion No: 2015-11925 |
| Slip Opinion No: 2016 NY Slip Op 84995(U) |
| Decided on September 9, 2016 |
| 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
M217863
E/afa
THOMAS A. DICKERSON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2015-11925 Nella Manko, appellant, v David A. Gabay, respondent.
(Index No. 22148/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated October 15, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, for poor person relief, for a refund of the motion filing fee, and for leave to serve and file a supplemental appellant's appendix and replacement appellant's brief. Separate motion by the appellant pro se to refund the filing fee for the appeal, for the assignment of counsel, and for poor person relief, or, in the alternative, for leave to serve and file a supplemental appellant's appendix and replacement appellant's brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, for poor person relief, for a refund of the motion filing fee, and for leave to serve and file a supplemental appellant's appendix and replacement appellant's brief and no papers having been filed in opposition thereto, upon the papers filed in support of the motion to refund the filing fee, for the assignment of counsel, and for poor person relief, or, in the alternative, for leave to serve and file a supplemental appellant's appendix and replacement appellant's brief, and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's application and no papers having been filed in opposition or in relation thereto, it is
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 appellant's appendix is granted; and it is further,
ORDERED that the motions are otherwise denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 11, 2016, and the respondent's brief must be served and filed on or before that date.
DICKERSON, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court