Appellate Division: Second Judicial Department

M267561

E/mb

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2018-12708 In the Matter of Milton Simon, appellant, v Robert Morton, Jr., etc., respondent. (Index No. 1105/18)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, County, dated July 13, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), for poor person relief, for the assignment of counsel, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs, the parties 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 1250.9[a][4],[c][1],[d],[e]), 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 with the Clerk of this Court (22 NYCRR 1250.9[a][4][I]), the filing fee is waived, and the time to perfect the appeal is extended until December 23, 2019; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court