Appellate Division: Second Judicial Department

M270598

kbp/

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

RUTH C. BALKIN

FRANCESCA E. CONNOLLY, JJ.

2020-00906 In the Matter of Steven Smelefsky, appellant, v Superintendent, Greenhaven Correctional Facility, respondent. (Index No. 1251/19)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated October 11, 2019, as a poor person.

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 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.

SCHEINKMAN, P.J., RIVERA, BALKIN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court