Appellate Division: Second Judicial Department

M219480

E/afa

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-02754, 2015-07956, 2015-07957 Nella Manko, appellant, v David A. Gabay, et al., respondents. (Index No. 22148/13)

DECISION & ORDER ON MOTION

2015-06041, 2015-09424

Nella Manko, appellant, v David A. Gabay,

et al., respondents.

(Index No. 22148/13)

Motion by the respondents Bernard H. Broome and Bernard H. Broome, PLLC, to dismiss appeals from an order of the Supreme Court, Kings County, dated February 23, 2015, and a judgment of the same court dated July 29, 2015, on the ground that the appellant's appendix is inadequate, and to impose a sanction upon the appellant and for an award of an attorney's fee or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the appellant pro se (1) for leave to appeal to the Court of Appeals from a decision and order on motion of this Court dated August 9, 2016, which, inter alia, struck the appellant's appendix and appellant's brief filed in connection with the appeals from the order dated February 23, 2015, and the judgment, and directed the appellant to serve and file a replacement appendix and brief on or before September 23, 2016, and (2) for leave to appeal to the Court of Appeals from a decision and order on motion of this Court dated March 21, 2016, which, inter alia, dismissed appeals from two orders of the Supreme Court, Kings County, dated December 5, 2014, and April 29, 2015, respectively, and an amended order of the same court dated April 29, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment, (3) for poor person relief, and (4) for waiver of the motion filing fee.

Upon the papers filed in support of the motion by the respondents Bernard H. Broome and Bernard H. Broome, PLLC, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals from the order dated February 23, 2015, and the judgment are dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated August 9, 2016; and it is further,

ORDERED that the branch of the motion by the respondents Bernard H. Broome and Bernard H. Broome, PLLC, which is to impose a sanction upon the appellant and for an award of an attorney's fee is denied and the motion by the respondents Bernard H. Broome and Bernard H. Broome, PLLC, is otherwise denied as academic; and it is further,

ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,

ORDERED that the appellant's motion is otherwise denied.

BALKIN, J.P., HALL, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court