In the Matter of Theodore Folkes v Alicia Smith-roberts as Director of the Department of Corrections and Community Supervision Ministerial Family and Volunteer Services

Motion No: 528567

Slip Opinion No: 2019 NY Slip Op 73317(U)

Decided on June 20, 2019

Appellate Division, Third 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.

Decided and Entered: June 20, 2019528567

___________________________________

In the Matter of THEODORE FOLKES,                                                                             Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
ALICIA SMITH-ROBERTS, as Director of the Department of Corrections and Community Supervision Ministerial, Family and Volunteer Services,
                                                       Respondent.
___________________________________

Motion for extension of time to file late notice of appeal.

Motion for permission to proceed as a poor person.

Cross motion to dismiss appeal.

Upon the papers filed in support of the motions and cross motion, and the papers filed in opposition to the motion for an extension of time to file a late notice of appeal, it is

ORDERED that the motion for an extension of time to file a late notice of appeal is denied, without costs, and it is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required for the motion for an extension of time to file a late notice of appeal (see CPLR 8022) is waived, and it is further

ORDERED that the cross motion to dismiss the appeal is granted, without costs.
Garry, P.J., Lynch, Aarons and Rumsey, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court