Appellate Division: Second Judicial Department

M246940

E/afa

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-00779 In the Matter of Ralph Hall, appellant, v Green Haven Correctional Facility, respondent. (Index No. 960/17)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated September 7, 2017, 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 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 and for free transcripts are denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until May 16, 2018, and upon payment of the filing fee the briefs submitted to the Clerk of the Court will be accepted for filing and the Clerk of this Court or her designee will subpoena the original papers constituting the record to be filed with the Clerk of this Court; 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 June 18, 2018, and the respondent's brief shall be served and filed on or before that date.

AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court