Appellate Division: Second Judicial Department

M185109

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-07135 The People ex rel. Hilary Best, appellant, v Warden, New York City Department of Correction, et al., respondents. (Index No. 768/14)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his prior motion for leave to appeal to this Court from a judgment of the Supreme Court, Queens County, dated May 29, 2014, which was determined by decision and order on application of this Court dated October 3, 2014, and, inter alia, for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on application of this Court dated October 3, 2014, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant for for leave to appeal to this Court from a judgment of the Supreme Court, Queens County, dated May 29, 2014, and, inter alia, for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the judgment is appealable as of right; and it is further,

ORDERED that the appellant's time to serve and file a notice of appeal is extended and the notice of appeal shall be served and filed in accordance with CPLR 5514(a); and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., RIVERA, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court