Appellate Division: Second Judicial Department

M215796

T/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JOSEPH J. MALTESE, JJ.

2015-08367, 2016-05776 In the Matter of Michael Colon, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 715/15)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated August 13, 2015, and for leave to prosecute an appeal from an order of the same court dated May 12, 2016, as a poor person.

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 leave to prosecute the appeal from the order dated May 12, 2016, 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 branch of the motion which is to waive the filing fee on the appeal from the order dated May 12, 2016, is denied as unnecessary (see CPLR 1101[e]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated August 13, 2015, is granted, and the appellant's time to perfect that 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 a brief on the appeal is enlarged until September 1, 2016.

LEVENTHAL, J.P., DICKERSON, AUSTIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court