Appellate Division: Second Judicial Department

M264837

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2019-01361, 2019-01362 Bank of New York, etc., respondent, v John DeJohn, etc., appellant, et al., defendants. (Index No. 27967/08)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect appeals from two orders of the Supreme Court, Suffolk County, both dated October 10, 2018, and for leave to prosecute the appeals as a poor person.

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 as a poor person is granted to the extent 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 branch of the motion which is to extend the time to perfect the appeals is granted, and the appellant's time to perfect the appeals 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 1250.9[a][5]) and by serving and filing the brief on the appeals is extended until September 30, 2019; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court