Appellate Division: Second Judicial Department

M276559

AFA/

REINALDO E. RIVERA, J.P.

BETSY BARROS

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2021-00038 In the Matter of Rolando Candelaria, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 527/2020)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated September 14, 2020. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for 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 appellant's time to perfect the appeal is extended to June 9, 2021; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.

RIVERA, J.P., BARROS, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court