Appellate Division: Second Judicial Department

M297749

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-09091 Darrell Gunn, appellant, v State of New York, respondent. (Claim No. 128499)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated June 6, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant 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.

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 for leave to prosecute the appeal on the original papers and to extend the time to perfect the appeal are granted, and 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 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 September 13, 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 to waive payment of the filing fee, and for free transcripts are denied.

BARROS, J.P., GENOVESI, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court