Opinion
Motion No: 2011-02577 Index No. 28585/08 M127997
10-28-2011
Brian Clarke, appellant, v. Arbor Care/We Care, respondent.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated January 26, 2011, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing his brief on the appeal is enlarged until December 27, 2011.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court