Appellate Division: Second Judicial Department

M249463

E/afa

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-02932 Kerry Kennedy, respondent, v Marshall Hubsher, etc., appellant, et al., defendants. (Index No. 503568/13)

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 8, 2016, as a poor person and to waive the motion filing fee. Separate motion by the appellant pro se to enlarge the time to perfect the appeal and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix.

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

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 branch of the motion which is for leave to prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted, and the appellant's appendix and the appellant's brief submitted to the Clerk of the Court are accepted for filing and deemed timely served; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until May 31, 2018, and the respondent's brief, if any, shall be served and filed on or before that date.

ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court