Appellate Division: Second Judicial Department

M269856

kbp/

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-01128 Darlene-Marie L. Vitarelli, appellant, v Richard T. Vitarelle, Jr., etc., respondent. (Index No. 33944/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to extend the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated November 27, 2017, and for poor person relief.

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

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended until March 26, 2020, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

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

ORDERED that the motion is otherwise denied.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court