Opinion
Motion No. 2024-01654 Index No. 301937/14 Case No. 2023-05528
05-07-2024
Dmitriy Iskhakov, Plaintiff-Respondent, v. Yuliya A. Iskhakova, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Justice Presiding, Jeffrey K. Oing Ellen Gesmer Julio Rodriguez III 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 June 08, 2023, And defendant-appellant having moved, purportedly pursuant to CPLR 1101(d), to waive all Court costs and fees associated with prosecuting the appeal and for an extension of time in which to perfect same, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon,
It is ordered that said motion, deemed to be one pursuant to CPLR 1101 (a) and 22 NYCRR 1250.4(d)(2), is granted to the extent of granting defendant-appellant leave to prosecute the appeal as a poor person, and permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on the 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.
It is further ordered that the time in which to perfect the appeal is extended to the October 2024 Term of this Court.