| Delgado v State of New York |
| Motion No: 2014-06529 |
| Slip Opinion No: 2014 NY Slip Op 92035(U) |
| Decided on December 8, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M183918
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX, JJ.
|
2014-06529, 2014-06531, 2014-06532 Umar Delgado, appellant, v State of New York, respondent. (Claim No. 122217)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute appeals from three orders of the Court of Claims dated May 10, 2013, November 7, 2013, and March 31, 2014, respectively, as a poor person and for the assignment of counsel. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.
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 on the Court's own motion, the appeal from the order dated March 31, 2014 (Appellate Division Docket No. 2014-06532), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying a motion for leave to reargue; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeals from the orders dated May 10, 2013, and November 7, 2013, on the original papers is granted, and those appeals 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, for free transcripts, and for the assignment of counsel with respect to the orders dated May 10, 2013, and November 7, 2013, are denied; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeals from the orders dated May 10, 2013, and November 7, 2013, is granted, and the appellant's time to perfect those appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until February 6, 2015; and it is further,
ORDERED that the motion and the application are otherwise denied as academic.
BALKIN, J.P., LEVENTHAL, HALL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court