Appellate Division: Second Judicial Department

M258634

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-11224 Hilda Hutchinson, appellant, v Ditech Financial, LLC, etc., et al., respondents. (Index No. 504743/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated August 17, 2018, on the original papers, to waive the subpoena fee, and to waive compliance with the requirements of 22 NYCRR 1250.7(g) regarding certification of the record on appeal.

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 1250.5[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 branch of the motion which is to waive the subpoena fee is denied without prejudice to seeking relief in the Supreme Court; and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 1250.7(g) regarding certification of the record on appeal is denied as academic as the appellant has been granted leave to prosecute the appeal on the original papers.

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

ENTER:

Aprilanne Agostino

Clerk of the Court