Appellate Division: Second Judicial Department

M199219

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2015-05575 Raymond Earl Warren, Jr., appellant, v Dennis R. Suarez, respondent. (Index No. 6178/13)

DECISION & ORDER ON MOTION

Motion by Raymond Earl Warren, Jr., for leave to appeal to this Court from an order of the Supreme Court, Dutchess County, dated May 29, 2015, for poor person relief, and to enlarge the time to perfect the appeal.

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 order is appealable as of right; and it is further,

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 branch of the motion which is to enlarge the time to perfect the appeal is denied as premature as the time to perfect the appeal does not expire until December 22, 2015.

LEVENTHAL, J.P., AUSTIN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court