Appellate Division: Second Judicial Department

M285592

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2021-09119 In the Matter of Jassey Sulayman, appellant, v Superintendent LaManna, respondent. (Index No. 368/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated October 13, 2021. 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 the papers filed 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 a certified transcript of the proceedings, if any) and on the briefs of the parties; the parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); 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; and it is further,

ORDERED on the Court's own motion, 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 December 27, 2022.

DILLON, J.P., CHRISTOPHER, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court