Appellate Division: Second Judicial Department

M291262

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-00521 In the Matter of Cassius Daley, appellant, v Diane H. Holford, etc., respondent. (Index No. 291/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 18, 2022. 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 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 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 Acting Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's 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, is extended until November 27, 2023; 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.

BRATHWAITE NELSON, J.P., DOWLING, WARHIT and LOVE, JJ., concur

ENTER:

Darrell M. Joseph

Acting Clerk of the Court