Appellate Division: Second Judicial Department

M250402

E/afa

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2018-01974 In the Matter of Alicia Boyd, et al., appellants, v Michael Liburd, etc., et al., respondents. (Index No. 2625/2017)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from an order of the Supreme Court, Kings County, dated January 11, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and for leave to serve only one copy of the record and the appellants' brief on the respondents.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal insofar as taken by Janine Nichols is dismissed, without costs or disbursements, on the ground that Alicia Boyd did not have the authority to take an appeal on his behalf (see Whitehead v Town House Equities, 8 AD3d 369); and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted; and it is further,

ORDERED that the branch of the motion which is for leave to serve only one copy of the record and the appellants' brief on the respondents is denied and on or before June 13, 2018, the appellant Alicia Boyd shall serve the respondents with one additional copy each of the record and her brief upon the respondents and file proof of service with this Court; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until July 13, 2018, and the respondents' brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court