Appellate Division: Second Judicial Department

M257774

E/afa

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-07389 In the Matter of Andrew Smith, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 2621/16)

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 June 30, 2016, as a poor person, for the assignment of counsel, and to extend the time to perfect the appeal.

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 denied as unnecessary as leave to prosecute the appeal on the original papers was granted by decision and order on motion of this Court dated August 10, 2018; 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 appellant's 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 a brief on the appeal is extended until December 31, 2018; and it is further,

ORDERED that no further extension of time shall be granted.

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court