George Chavis v State of New York

Motion No: 527721

Slip Opinion No: 2019 NY Slip Op 84198(U)

Decided on November 14, 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: November 14, 2019527721

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GEORGE CHAVIS,                      
                                                       Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
STATE OF NEW YORK,
                                                       Respondent.
(Claim No. 125706.)
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Motion to vacate dismissal of appeal and for extension of time to perfect appeal.

Motion for permission to proceed as a poor person.

Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is

ORDERED that the motion to vacate the dismissal of the appeal and for an extension of time to perfect the appeal is denied, without costs, and without prejudice to renewal supported by an affidavit setting forth good cause for vacatur of the dismissal, an intent to perfect the appeal within a reasonable time, and sufficient facts to demonstrate a meritorious appeal, as required by 22 NYCRR 1250.10 (c), 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 for the motion to vacate the dismissal of the appeal and for an extension of time to perfect the appeal (see CPLR 8022) is waived.
Egan Jr., J.P., Lynch, Devine and Pritzker, JJ., concur.

ENTER:

Robert D. Mayberger
Clerk of the Court