Appellate Division: Second Judicial Department

M255153

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-07541 Nella Manko, appellant, v David A. Gabay, etc., et al., respondents. (Index No. 22148/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated May 31, 2017, inter alia, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, to waive the filing fee, and to waive the motion filing fee. Separate motion by the respondents Bernard H. Broome and the Law Office of Bernard H. Broome, PLLC, inter alia, to dismiss the appeal on the ground that no appeal lies from an order denying reargument, and on the ground that the appellant's appendix is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser, inter alia, to dismiss the appeal on the ground that the appellant's appendix is inadequate or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the appellant's 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 by the respondents Bernard H. Broome and the Law Office of Bernard H. Broome, PLLC, which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motions by the respondents Bernard H. Broome and the Law Office of Bernard H. Broome, PLLC, and the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser which are to dismiss the appeal on the ground that the appellant's appendix is inadequate are denied on condition that on or before October 12, 2018, the appellant serve and file a supplemental appendix containing the opposition papers filed by the respondents in connection with the appellant's motion that was determined by the order dated May 31, 2017; and it is further,

ORDERED that the branch of the appellant's motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is denied with leave to renew by a motion made simultaneously with the filing of the appellant's supplemental appendix; and it is further,

ORDERED that the branches of the motions by the respondents Bernard H. Broome and the Law Office of Bernard H. Broome, PLLC, and the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser which are to enlarge their time to serve and file their respective briefs are granted, the movants' time to serve and file their respective briefs is enlarged until November 13, 2018, and the briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

BALKIN, J.P., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court