Appellate Division: Second Judicial Department

M275276

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2020-06425 The People, etc., ex rel. Joseph Hayon, appellant, v Brandon Smith, etc., respondent. (Index No. 2019-0710)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Greene County, dated October 21, 2019, which was transferred to this Court by an order of the Appellate Division, Third Judicial Department, dated August 24, 2020. Motion by the appellant, inter alia, for poor person relief and 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 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; and it is further,

ORDERED that, on this 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 1250.9[a][5]), and serving and filing the appellant's brief is extended until April 26, 2021.

RIVERA, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court