Matter of Smith v Westchester County Department of Corrections

Matter of Smith v Westchester County Department of Corrections

Motion No: 2019-04464

Slip Opinion No: 2020 NY Slip Op 63517(U)

Decided on February 25, 2020

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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M269849

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-04464
In the Matter of Eric Smith, appellant,
v Westchester County Department of Corrections,
et al., respondents, et al., defendant.
(Index No. 183/18)

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, Westchester County, dated July 9, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, and for poor person relief.

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 the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and the appellant's time to perfect the appeal is extended until April 27, 2020; and it is further,

ORDERED that no further extension of time shall be granted; 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 motion is otherwise denied.

DILLON, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court