Appellate Division: Second Judicial Department

M259841

E/afa

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-14094 In the Matter of Daniel Williams, appellant, v A. Rodriguez, etc., et al., respondents. (Index No. 2053/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated October 5, 2018, as a poor person, for the assignment of counsel, and for leave to file only one handwritten copy of his brief.

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 an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court