Appellate Division: Second Judicial Department

M255869

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-09524 In the Matter of Robert Coyle, appellant, v Karl Kampe, etc., et al., respondents. (Index No. 185/18)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, dated June 5, 2018, as a poor person and to waive the requirement that he subpoena the original papers constituting the record on appeal from the court of original instance pursuant to 22 NYCRR 1250.9(a)(5).

Upon the papers filed in support of the 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 an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); and it is further,

ORDERED that the branch of the motion which is waive the requirement that the appellant subpoena the original papers constituting the record on appeal from the court of original instance pursuant to 22 NYCRR 1250.9(a)(5) is denied and the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court, when he perfects the appeal; and it is further, ORDERED that the motion is otherwise denied.

BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court