| Dancy v Seymour |
| Motion No: 2015-11701 |
| Slip Opinion No: 2017 NY Slip Op 67677(U) |
| Decided on March 20, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M227740
E/afa
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2015-11701 Troy Dancy, appellant, v John J. Seymour, et al., respondents.
(Index No. 453/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent Town of New Windsor to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated November 9, 2015, for failure to timely perfect. Separate motion by the appellant pro se to enlarge the time to perfect the appeal, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion to dismiss and no papers having been filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, for poor person relief, and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that the motion by the respondent Town of New Windsor is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the appellant's motion is otherwise denied as academic.
RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court