Appellate Division: Second Judicial Department

M286747

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LILLIAN WAN, JJ.

2022-04437 Elliot M. Hirsch, appellant, v State of New York, respondent. (Claim No. 136379)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated April 20, 2022. Motion by the appellant for leave to appeal to this Court from the order, 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 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 appeal to this Court from the order is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before February 8, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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.

CONNOLLY, J.P., MILLER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court