Appellate Division: Second Judicial Department

M170023

J/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2013-07157 In the Matter of Willie Ivy, appellant, v Albert Prack, etc., respondent. (Index No. 2680/12)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated June 3, 2013, 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 no papers having been filed in opposition or in 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 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 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 the brief on the appeal is enlarged until April 28, 2014.

ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court