Appellate Division: Second Judicial Department

M275917

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2020-07795 Inna Ivashchenko, appellant, v Ruben Borukhov, respondent. (Index No. 550067/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 8, 2020. Motion by the appellant, in effect, to amend so much of a decision and order on motion of this Court dated December 30, 2020, as conditioned a stay upon the perfection of the appeal on or before January 29, 2021, to extend the time to perfect the appeal, for poor person relief, and for the assignment of counsel. Cross motion by the respondent to vacate the stay and to dismiss the appeal for failure to timely perfect.

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 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 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, and on or before May 5, 2021, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to vacate the stay is granted and the stay granted by the decision and order on motion of this Court dated December 30, 2020, is vacated forthwith; and it is further,

ORDERED that the cross motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court