Appellate Division: Second Judicial Department

M232694

E/afa

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-11244 Timothy Wettstein, et al., appellants, v Jameelah Tucker, respondent. (Index No. 2132/14)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered September 1, 2016, for poor person relief, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions 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 appellants' motion which is to enlarge the time to perfect the appeal and the application for that relief are granted, the appellants' time to perfect the appeal is enlarged until August 11, 2017, and the record or appendix on the appeal and the appellants' brief shall 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 appellants' motion is otherwise denied; and it is further,

ORDERED that the respondent's motion is denied

ENG, P.J., AUSTIN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court