Appellate Division: Second Judicial Department

M278905

E/sl

LEONARD B. AUSTIN, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2021-02630 Michael N. Kelsey, appellant, v Jeffrey Rutledge, etc., defendant. (Index No. 7/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated March 5, 2021. Motion by the appellant pro se pursuant to 22 NYCRR 670.10(g) to waive certification of the record 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 branch of the motion which is pursuant to 22 NYCRR 670.10(g) to waive certification of the record is 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 denied as unnecessary as the appellant has elected to perfect the appeal upon a reproduced full record; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended, and on or before November 1, 2021, the appellant shall serve the record and the appellant's brief and file one copy of the record and the appellant's brief in the office of the Clerk of the Court by regular mail.

AUSTIN, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court