Appellate Division: Second Judicial Department

M235977

E/ct

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-03970 In the Matter of Mark Denny, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 3811/15)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated December 23, 2016, as a poor person and for the assignment of counsel. 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 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 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, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until October 10, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

DILLON, J.P., HINDS-RADIX, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court