| Henriquez v State of New York |
| Motion No: 2023-06380 |
| Slip Opinion No: 2024 NY Slip Op 63676(U) |
| Decided on March 8, 2024 |
| 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
M294742
AFA/
BETSY BARROS, J.P.
WILLIAM G. FORD
JANICE A. TAYLOR
LOURDES M. VENTURA, JJ.
|
2023-06380 Alejandro Henriquez, appellant, v State of New York, respondent. (Claim No. 118923)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Court of Claims dated January 27, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and, in effect, for leave to prosecute the appeal as a poor person.
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 to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,
ORDERED that the branches of the motion which are to extend the time to perfect the appeal and, in effect, for leave to prosecute the appeal on the original papers are granted, 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 April 8, 2024; 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, in effect, to waive payment of the filing fee, and for free transcripts are denied; it is further,
ORDERED that the motion is otherwise denied.
BARROS, J.P., FORD, TAYLOR and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court