Appellate Division: Second Judicial Department

M289064

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

LILLIAN WAN, JJ.

2023-02317 In the Matter of Antonio Tyes, appellant, v B. Anspach, etc., et al., respondents. (Index No. 515/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Dutchess County, dated January 23, 2023. 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 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 appellant shall 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 appellants brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the brief by regular mail; 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.

BARROS, J.P., CHRISTOPHER, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court