| Anekwe v State of New York |
| Motion No: 2019-02238 |
| Slip Opinion No: 2021 NY Slip Op 65950(U) |
| Decided on May 12, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M277039
MB/
REINALDO E. RIVERA, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-02238 Peter Anekwe, appellant, v State of New York, respondent. (Claim No. 128992)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Court of Claims, dated September 20, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g), 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 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, the appellant's time to perfect the appeal is extended, and on or before July 12, 2021, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the branch of the motion which is to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew upon proper papers, and upon a showing of good cause for the waiver of certification on or before July 12, 2021, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied.
RIVERA, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court