| In the Matter of the Application of John McLeod |
| Motion No: M-6380 |
| Slip Opinion No: 2019 NYSlipOp 64561(U) |
| Decided on March 5, 2019 |
| Appellate Division, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
March 5, 2019
In the Matter of the Application of
John McLeod,
Petitioner-Appellant,
v Department of Sanitation,
Respondent-Respondent.
An appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about September 28, 2017, which denied and dismissed the petition seeking leave to file a late notice of claim, And petitioner-appellant, pro se, having moved for an order vacating the dismissal of the appeal, and upon vacatur, for an enlargement of time to perfect the appeal and for leave to prosecute the appeal as a poor person and to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of vacating the dismissal of the appeal and enlarging the time to perfect same to the September 2019 Term, and permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files with this Court an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the
original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. ENTERED: March 5, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice,John W. Sweeny, Jr. Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick,Justices
M-6380
Index No. 101065/17