Battle v 22 St Nicholas, LLC
Motion No: 2024-04569
Slip Opinion No: 2024 NY Slip Op 78583(U)
Decided on November 20, 2024
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

M300844

KS/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2024-04569

Al Cort Battle, appellant,

v 22 Nicholas, LLC, respondent.

(Index No. 147/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 10, 2024. Motion by the appellant to stay enforcement of stated portions of the order, for leave to prosecute the appeal as a poor person, and to extend the time to perfect the appeal. Separate motion by the appellant to stay enforcement of stated portions of the order, for leave to prosecute the appeal as a poor person, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), and to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to extend the time to perfect the appeal are granted, and on or before January 21, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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 it is further,

ORDERED that the motions are otherwise denied.

DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court