Appellate Division: Second Judicial Department

M240999

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2017-05399, 2017-05401 Thomas Lutz, appellant, v Kaylia Myers-Lutz, respondent. (Index No. 1412/16)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment of the Supreme Court, Dutchess County, dated March 21, 2017, and findings of fact and conclusions of law also dated March 21, 2017, for poor person relief and to enlarge the time to perfect the appeals.

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 on the Court's own motion, the appeal from the findings of fact and conclusions of law is dismissed, without costs or disbursements (see Benedtto v O'Grady, 10 AD2d 628); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the judgment on the original papers is granted, and that 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 branches of the motion which are to waive payment of the filing fee and for free transcripts in connection with the appeal from the judgment are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted, and the appellant's time to perfect that appeal by causing the original papers constituting the record 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 is enlarged until January 16, 2018; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court