Appellate Division: Second Judicial Department

M259628

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-07541 Nella Manko, appellant, v David A. Gabay, etc., et al., respondents. (Index No. 22148/13)

DECISION & ORDER ON MOTION

Appeal by Nella Manko from an order of the Supreme Court, Kings County, dated May 31, 2017. By order to show cause dated November 9, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a decision and order on motion of this Court dated September 12, 2018. Motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated September 12, 2018, for poor person relief, and to waive the motion filing fee.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the appellant's motion which is to extend the time to comply with the decision and order on motion of this Court dated September 12, 2018, is granted and on or before March 1, 2019, the appellant shall serve and file a supplemental appendix containing the opposition papers filed by the respondents in connection with the appellant's motion that was determined by the order dated May 31, 2017, and move to waive certification of the appellant's appendix and supplemental appendix pursuant to 22 NYCRR 1250.9(g), made simultaneously with the filing of the appellant's supplemental appendix; and it is further,

ORDERED that no further extension of time shall be granted; 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; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file their respective briefs is extended until April 1, 2019, and the briefs shall be served and filed on or before that date.

BALKIN, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court