Appellate Division: Second Judicial Department

M260129

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-08295 Ramzan Shah, appellant, v Benjamin Uh, etc., respondent. (Index No. 703654/15)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered June 6, 2018, to waive the filing fee, and, in effect, for leave to prosecute the appeal on the original papers.

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

ORDERED that the branches of the motion which are to extend the time to perfect the appeal and, in effect, for leave to prosecute the appeal on the original papers are granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties 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]); 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 with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.5[e]), and by serving and filing a brief on the appeal is extended until April 15, 2019; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court