Appellate Division: Second Judicial Department

M259140

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-05006 In the Matter of Robert Hudson, appellant, v Town of Amenia, et al., respondents. (Index No. 2529/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to extend the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated February 26, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, and for poor person relief. Cross motion by the respondents, inter alia, to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended until January 25, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to waive the requirements regarding certification of the appellant's appendix is denied with leave to renew, on or before January 25, 2019, upon proper papers and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court