Appellate Division: Second Judicial Department

M258611

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-10476 Michael Leibowitz, appellant, v Chaim Babad, et al., respondents. (Index No. 6850/16)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated June 7, 2018, on the original papers and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that 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 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, 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 in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the appeal will be calendared expeditiously after all of the briefs have been filed.

MASTRO, J.P., AUSTIN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court