Appellate Division: Second Judicial Department

M253200

E/mm

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-09379 Inetta Yusupov, appellant, v Jacob Baraev, respondent. (Index No. 4595/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated June 7, 2017, as a poor person and to enlarge the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross 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 to waive the filing fee is denied as unnecessary (see CPLR 1101[e]); 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 August 27, 2018; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

 ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court