Appellate Division: Second Judicial Department

M305211

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-04970 In the Matter of Christopher Joseph, deceased. Christopher Hubbard, petitioner-respondent; Idris Applewhite, objectant-appellant; Thomas Sciacca, guardian-ad-litem-respondent. (File No. 852/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated May 10, 2024. Motion by the appellant, inter alia, in effect, for waiver of costs, fees, and expenses and for the assignment of counsel. Separate motion by the appellant, inter alia, to extend the time to perfect the appeal. Separate motion by the appellant, inter alia, to stay all proceedings in the above-entitled proceeding, pending hearing and determination of the appeal. Separate motion by the appellant, inter alia, in effect, to enjoin certain non-parties from evicting the appellant from certain real properties.

Upon the papers filed in support of the motion to stay all proceedings in the above-entitled proceeding, pending hearing and determination of the appeal, and the papers filed in opposition thereto, and upon the papers filed in support of the motions for, inter alia, in effect, waiver of costs, fees, and expenses and for the assignment of counsel, inter alia, to extend the time to perfect the appeal, and inter alia, in effect, to enjoin certain non-parties from evicting the appellant from certain real properties, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before June 20, 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.

BRATHWAITE NELSON, J.P., LANDICINO, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court