136-138 Seeley St. Corp. v Valerie S. Weiss
Motion No: 2018-01077 KC
Slip Opinion No: 2019 NY Slip Op 68379(U)
Decided on April 11, 2019
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-1077 K C
136-138 Seeley Street Corp., Respondent, v Valerie S. Weiss, Appellant.

Motion by appellant for leave to prosecute an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 30, 2017, as a poor person, and for an enlargement of time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant to prosecute the appeal; and it is further,

ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon the argument or submission of the appeal. The minutes shall be settled in accordance with CCA 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is denied as unnecessary, as the time to perfect the appeal has not begun to run (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.8 [a]).

ENTER:

Paul Kenny

Chief Clerk