| Daniels v Maghen |
| Motion No: 2022-08328 |
| Slip Opinion No: 2023 NY Slip Op 66803(U) |
| Decided on May 15, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M288991
AFA/
COLLEEN D. DUFFY, J.P.
CHERYL E. CHAMBERS
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2022-08328 Terrance Daniels, appellant, v Yariv Maghen, etc., respondent. (Index No. 1464/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Putnam County, dated June 1, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person. Cross-motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion is denied; and it is further,
ORDERED that on the Court's own motion, the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,
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 and for free transcripts are denied; and it is further,
ORDERED that 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 July 14, 2023.
DUFFY, J.P., CHAMBERS, WOOTEN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court