| Shomo v State of New York |
| Motion No: 2019-06404 |
| Slip Opinion No: 2019 NY Slip Op 78876(U) |
| Decided on September 5, 2019 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M265639
E/afa
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2019-06404 Jose Shomo, appellant, v State of New York, respondent. (Claim No. 118416)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a decision of the Court of Claims dated December 10, 2018, as a poor person and for the assignment of counsel.
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 on the Court's own motion, the notice of appeal from the decision is deemed to be a notice of appeal from a judgment of the Court of Claims dated January 18, 2019 (see CPLR 5512[a]); and it is further,
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 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 1250.5[e]), and by serving and filing a brief on the appeal is extended until October 21, 2019.
MASTRO, J.P., LEVENTHAL, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court