Appellate Division: Second Judicial Department

M231652

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2017-00156 In the Matter of Vernisa Depass, appellant, v Stuart J. Mitchell III, etc., et al., respondents. (Index No. 3811/15)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Orange County, dated November 16, 2016, as a poor person, to enlarge the time to perfect the appeal, and to continue her participation in the section 8 housing voucher program.

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 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 branch of the motion which is to enlarge the time to perfect the appeal is granted, and the time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until August 14, 2017; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court