Appellate Division: Second Judicial Department

M260694

E/mm

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2018-07069 Robert E. Nowakowski, appellant, v Broadway Stages, Inc., et al., respondents. (Index No. 3916/16)

DECISION & ORDER ON MOTION

2018-14192

Robert E. Nowakowski, appellant,

v Broadway Stages, Inc., et al., respondents.

(Index No. 2101/17)

Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Kings County, dated April 26, 2018, and August 9, 2018, respectively, as a poor person, to extend the time to perfect appeals, and to consolidate the appeals. Cross motion by the respondents to dismiss the appeals as untimely taken.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is granted, and the appeals 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 appeals to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect appeals is granted, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]) and by serving and filing the brief on the appeals is extended until April 5, 2019; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court