Opinion
2021-66992 Motion 2020-08145
06-02-2021
Rhonda Wilber, appellant, v. Elliot J. Borgen, etc., et al., respondents, et al., defendants. Index No. 1596/2019
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., MARK C. DILLON, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated August 31, 2020. Motion by the appellant pro se for poor person relief. Separate motion by the appellant pro se to waive certification of the record pursuant to 22 NYCRR 1250.7(g). Cross motion by the respondents, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered October 23, 2020, and to dismiss the appeal on the ground that the record on appeal is inadequate or, in the alternative, to direct the appellant to serve and file a replacement record.
Upon the papers filed in support of the motion for poor person relief, and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion to waive certification of the record pursuant to 22 NYCRR 1250.7(g), and the papers filed in opposition thereto, upon the papers filed in support of the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion for poor person relief is denied; and it is further, ORDERED that the motion to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is granted; and it is further, ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further, ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment entered October 23, 2020, is denied; and it is further, ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the record on appeal is inadequate or, in the alternative, to direct the appellant to serve and file a replacement record is denied without prejudice to renew after the record has been filed; and it is further, ORDERED that the cross motion is otherwise denied.
LASALLE, P.J., DILLON, IANNACCI and CHRISTOPHER, JJ., concur.