Appellate Division: Second Judicial Department

M231093

E/afa

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-00398 Wayne Rose, appellant, v Verizon New York, Inc., also known as Verizon Communications, Inc., et al., respondents. (Index No. 3076/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated December 1, 2016, as a poor person, for an order directing the Clerk of this Court to issue a subpoena to obtain the original papers from the clerk of the Supreme Court, Kings County, and to enlarge the time to perfect the appeal.

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 for an order directing the Clerk of this Court to issue a subpoena to obtain the original papers from the clerk of the Supreme Court, Kings County, is denied as unnecessary (see 22 NYCRR 670.9[d][2]); 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 appellant's 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 October 16, 2017; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court