Appellate Division: Second Judicial Department

M240994

E/ct

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2014-10523, 2015-11016 Nella Manko, appellant, v David A. Gabay, et al., respondents, et al., defendants. (Index No. 2214813)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to enlarge the time to serve and file a reply brief on appeals from an order of the Supreme Court, Kings County, dated July 9, 2014, and an amended order of same court dated October 8, 2014, to strike stated portions of the respondents' appendix and the respondents' brief on the ground that they contain or refer to matter dehors the record, for poor person relief, and to waive the motion filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until December 14, 2017, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to to strike stated portions of the respondents' appendix and the respondents' brief is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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.

LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court