Manko v Gabay
Motion No: 2015-11287
Slip Opinion No: 2017 NY Slip Op 61231(U)
Decided on January 17, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M224543

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2015-11287

Nella Manko, appellant, v David A.

Gabay, et al., respondents, et al.,

defendants.

(Index No. 25157/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated August 19, 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, and to waive the motion filing fee. Application by the respondents 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 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 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 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 ; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until February 16, 2017, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court