Appellate Division: Second Judicial Department

M282165

X/jr

BETSY BARROS, J.P.

ANGELA G. IANNACCI

CHERYL E. CHAMBERS

DEBORAH A. DOWLING, JJ.

2021-09019 In the Matter of Victor N. Koltun, appellant, v Langdon C. Chapman, respondent. (Index No. 2090/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated October 19, 2021. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, 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 the application is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief is extended until June 3, 2022.

BARROS, J.P., IANNACCI, CHAMBERS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court