Appellate Division: Second Judicial Department

M223751

E/sl/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-09347 Joseph A. F. Sadowski, appellant, v David W. Harmon, defendant; Wendy K. Cardali, nonparty-respondent. (Index No. 4441/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2016, as a poor person, in effect, for leave to prosecute the appeal on the original papers, and for leave to file briefs by e-mail. Separate motion by the appellant pro se to direct the Clerk of the Court to so-order a subpoena to obtain the original papers from the clerk of the Supreme Court, Nassau County, and for leave to amend the notice of appeal. Cross motion by the nonparty-respondent to dismiss the appeal on the ground of abuse of judicial process or, in the alternative, to preclude the appellant from submitting further papers without prior leave of the Court, to seal the record pursuant to 22 NYCRR 216.1, and pursuant to CPLR 8501 to compel the appellant to file security for costs.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the appellant's first motion which is, in effect, 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 appellant's first motion is otherwise denied; and it is further,

ORDERED that the branch of the appellant's second motion which is to direct the Clerk of the Court to so-order a subpoena to obtain the original papers from the clerk of the Supreme Court, Nassau County, is granted; and it is further,

ORDERED that the branch of the appellant's second motion which is for leave to amend the notice of appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is pursuant to CPLR 8501 to compel the appellant to file security for costs is granted, and the appellant is directed to deposit the sum of $250 in cash or bond with the Clerk of the Supreme Court, Nassau County, within 30 days after service on him of a copy of this order; and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court