Appellate Division: Second Judicial Department

M215999

S/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-07356 The People ex rel. Charles L. Strong, appellant, v Warden Griffin, etc., respondent. (Index No. 5367/14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated March 29, 2016, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se on appeal from a judgment of the Supreme Court, Dutchess County, dated June 2, 2015, for poor person relief, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeal, and, in effect, to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for poor person relief is denied; and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeal is denied with leave to renew by a motion made simultaneously with the perfection of the appeal; 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 appendix and brief submitted to the Clerk of this Court are accepted for filing and deemed timely served.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court