Appellate Division: Second Judicial Department

M259359

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2017-11624 Law Offices of Harvey Arnoff, respondent, v Jonathan Smolian, appellant, et al., defendants. (Index No. 18138/15)

DECISION & ORDER ON MOTION

Motion by Darielle Smolian and Randy Gottesman Smolian to reinstate an appeal from an order of the Supreme Court, Suffolk County, dated September 26, 2017, insofar as purportedly taken by them, which was dismissed by decision and order on motion of this Court dated July 3, 2018, on the ground that those defendants did not sign the notice of appeal and Jonathan Smolian, who is not an attorney licensed to practice law in New York, was without authority to take an appeal on their behalf. Separate motion by the appellant pro se to waive compliance with the requirements of 22 NYCRR 1250.7(g) regarding certification of the appellant's appendix and for a preference in the calendaring of the appeal.

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 motion by Darielle Smolian and Randy Gottesman Smolian is denied; and it is further,

ORDERED that the branch of the appellant's motion which is to waive compliance with the requirements of 22 NYCRR 1250.7(g) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the branch of the appellant's motion which is for a preference in the calendaring of the appeal is denied.

BALKIN, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court