Maltese v Brown
Motion No: 2022-05437
Slip Opinion No: 2023 NY Slip Op 69567(U)
Decided on June 30, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M289757

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2022-05437

Maryann Maltese, appellant, v Hon.

Kenneth Brown, etc., et al., respondents.

(Index No. 616328/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated March 30, 2022. Motion by the appellant, inter alia, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g). Motion by the respondent Douglas Elliman, inter alia, to dismiss the appeal as untimely taken. Separate motion by the appellant, inter alia, to direct the respondents to pay certain sums of money. Separate motion by the appellant, inter alia, to enlarge the record. Separate motion by the appellant, inter alia, for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the respondent's motion and the appellant's motion, inter alia, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) and motion, inter alia, to enlarge the record and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion, inter alia, to direct the respondents to pay certain sums of money and motion, inter alia, for leave to prosecute the appeal as a poor person and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is granted, the appeal is dismissed, without costs or disbursements (see CPLR 5513), and the motion is otherwise denied; and it is further,

ORDERED the appellant's motions are denied as academic.

BARROS, J.P., GENOVESI, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court