Appellate Division: Second Judicial Department

M220273

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-05023 In the Matter of Jean Carlos Aguilera, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 4237/15)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated April 14, 2016, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal.

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

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 branch of the motion which is to waive payment of the filing fee is denied as unnecessary (see CPLR 1101[e]); and it is further,

ORDERED that the application is granted and the appellants' time to perfect the 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 his brief on the appeal is enlarged until December 27, 2016.

BALKIN, J.P., HALL, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court