Appellate Division: Second Judicial Department

M238901

E/afa

RUTH C. BALKIN, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2017-04842 In the Matter of Jose Pineda, appellant, v Karen Thompkins, etc., respondent. (Index No. 1866/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated March 16, 2017, as a poor person and for the assignment of counsel.

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 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 on the Court's own motion, the time to perfect the appeal is enlarged until December 4, 2017, the appellant shall pay the filing fee and file two additional copies of the appellant's brief on or before that date, and, upon payment of the fee and filing of the two additional copies of the briefs, the seven copies of the appellant's brief submitted to the Clerk of the Court shall be accepted for filing; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until January 4, 2018.

BALKIN, J.P., HINDS-RADIX, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court