Appellate Division: Second Judicial Department

M255719

E/rr

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-05730 David Fowler, appellant, et al., plaintiff, v Indymac Bank, FSB, respondent. (Index No. 3908/17)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2018, for poor person relief, including leave to prosecute the appeal on the original papers, and to waive compliance with the requirements regarding certification of the record or appendix on appeal. Application by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition 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 branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements regarding certification of the record or appendix on the appeal is denied as academic as leave has been granted to prosecute the appeal on the original papers; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until November 13, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court