Appellate Division: Second Judicial Department

M294847

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-09089 Darren Staton, appellant, v State of New York, respondent. (Claim No. 127035)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Court of Claims, dated July 25, 2023. Motion by the appellant pro se 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 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 May 3, 2024.

DUFFY, J.P., MILLER, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court