Barnes v City of New York
Motion No: 2023-09789
Slip Opinion No: 2025 NY Slip Op 78703(U)
Decided on October 17, 2025
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

M308661

AFA/

LARA J. GENOVESI, J.P.

WILLIAM G. FORD

LOURDES M. VENTURA

SUSAN QUIRK, JJ.

2023-09789

Wayne Barnes, appellant, v City of New

York, et al., respondents.

(Index No. 1332/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 17, 2023. Motion by the appellant pro se for leave to file a replacement brief to correct certain typographical errors and to waive the filing fee for 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 file a replacement brief is granted, and on or before November 17, 2025, the appellant shall serve and file a replacement brief that corrects the typographical error misidentifying the date of a September 1, 2023 order and that is in other respects the same as the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the corrected brief and upload a digital copy of the correct brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

GENOVESI, J.P., FORD, VENTURA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court