| Matter of Haywood v WCDAO |
| Motion No: 2023-01296 |
| Slip Opinion No: 2024 NY Slip Op 71552(U) |
| Decided on July 26, 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
M298018
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
LOURDES M. VENTURA
LAURENCE L. LOVE, JJ.
|
2023-01296 In the Matter of Tyrone Haywood, appellant, v WCDAO, etc., respondent. (Index Nos. 2376/2021, 1226/2022)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Westchester County, dated December 20, 2022, 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 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 September 25, 2024, the appellant shall 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; 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 branch of the motion which is to proceed on the original papers is denied as unnecessary as this relief was previously granted by decision and order on motion of this Court dated November 8, 2023; and it is further,
ORDERED the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.
BRATHWAITE NELSON, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court