Appellate Division: Second Judicial Department

M287993

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

DEBORAH A. DOWLING, JJ.

2022-07758 901 Bklyn Realty, LLC, petitioner-respondent, et al., petitioners, v Mireille Manigat, etc., et al., respondents, Ritania Lamour, appellant. (Index No. 2019-702 KC)

DECISION & ORDER ON MOTION

Appeal from a decision and order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated October 15, 2021. Motion by the appellant, in effect, to amend so much of a decision and order on motion of this Court dated December 23, 2022, as conditioned a stay of enforcement of the decision and order dated October 15, 2021, upon perfection of the appeal on or before January 23, 2023, to extend the time to perfect the appeal, for leave to proceed on the original papers, and to waive the filing fee.

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, in effect, to amend so much of the decision and order on motion of this Court dated December 23, 2022, as conditioned the stay of enforcement of the decision and order dated October 15, 2021, upon perfection of the appeal on or before January 23, 2023, is granted, and the decision and order on motion of this Court dated December 23, 2022, is amended by deleting from the second and third decretal paragraphs thereof the date "January 23, 2023," and substituting therefor the date "May 22, 2023"; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is denied as premature; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal on the original papers and to waive the filing fee are granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties; the parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant's counsel 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]).

BARROS, J.P., CHAMBERS, MALTESE and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court