of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

ELIZABETH H. EMERSON

TIMOTHY S. DRISCOLL, JJ.

DECISION & ORDER ON MOTION

On the court's own motion, the decision and order on motion of this court dated May 23, 2022, which determined a motion by appellant for leave to prosecute an appeal from a judgment of the District Court of Nassau County, Second District, entered October 18, 2021, as a poor person, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by appellant for leave to prosecute an appeal from a judgment of the District Court of Nassau County, Second District, entered October 18, 2021, as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant to prosecute the appeal; and it is further,

ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon the argument or submission of the appeal. The minutes shall be settled in accordance with Uniform District Court Act 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court.

ENTER:

Paul Kenny

Chief Clerk