Appellate Division: Second Judicial Department

M292268

SW/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2022-10574 In the Matter of Jory Smith, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 260/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated September 21, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pro se pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and 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 branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 15, 2024, 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; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary, as this relief was granted by decision and order on motion of this Court dated March 15, 2023; 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.

LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court