Appellate Division: Second Judicial Department

M167084

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-05386 In the Matter of Matthew Kwas, appellant, v New York State Department of Criminal Justice Service, respondent. (Index No. 9931/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, entered April 9, 2013, as a poor person. Separate motion by the appellant pro se to enlarge the record to include certain documents and for poor person relief. Separate motion by the appellant pro se to enlarge the time to perfect the appeal and for poor person relief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motions which are for leave to prosecute the appeal on the original papers is granted, and 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 the branch of the motion which is to enlarge the time to perfect the appeal 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 a brief on the appeal is enlarged until February 24, 2014; and it is further,

ORDERED that the motions are otherwise denied.

SKELOS, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court