Opinion
Motion No. 2023-04990 Index No. 158691/21Case No. 2023-03053
12-14-2023
Allen Alevy, an individual; Deanna Alevy, an individual; and Amusement Industry, Inc., doing business as Westland Real Estate Group, a California Corporation, Plaintiffs-Respondents, v. Rifka Herz, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Cynthia S. Kern Peter H. Moulton Saliann Scarpulla Llinét M. Rosado, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 11, 2023, And an order of this Court entered on October 31, 2023 (Motion No. 2023-04186) having denied the motion by defendant-appellant pro se for poor person relief, with leave to renew, upon submission of a detailed, notarized affidavit pursuant to CPLR 1101(a) setting forth the total amount and all sources of defendant's income, including the sources of funds used to retain counsel in the Supreme Court, And defendant-appellant having moved to renew and reargue the aforesaid order of this Court, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files with this Court an original, and five hard copies, and if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record.