Matter of Hawkins v Smith
Motion No: 2023-09791
Slip Opinion No: 2024 NY Slip Op 72016(U)
Decided on August 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298234

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-09791

In the Matter of Dennis Hawkins, appellant,

v Estelle Smith, respondent; Harold Culler,

nonparty-respondent.

(Index No. 518163/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 21, 2023. Motion by the appellant pro se to vacate the dismissal of the appeal, for leave to prosecute the appeal as a poor person, to enlarge the record to include certain material, and to extend the time to perfect the appeal.

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 vacate the dismissal of the appeal is denied as unnecessary; 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 previously granted in a decision and order on motion of this court dated March 20, 2024; 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 the branch of the motion which is to enlarge the record to include certain material is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is 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 3, 2024.

CHAMBERS, J.P., WOOTEN, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court