Opinion
Motion No. CV-23-1014
09-28-2023
In the Matter of NIGEL CLARKE, Appellant, v. ALEX AZAR II, as Secretary of U.S. Department of Health and Human Services, et al., Respondents.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion for extension of time to cure omission on notice of appeal.
Motion for permission to appeal.
Motion for permission to proceed as a poor person.
Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is
ORDERED that the motion for an extension of time to cure the omission on the notice of appeal is denied, without costs, as unnecessary, and it is further
ORDERED that the motion for permission to appeal is referred to Presiding Justice Garry, who makes the following decision: Motion denied, without costs, as unnecessary. The order and judgment sought to be appealed is appealable as of right (see CPLR 5701 [a] [1]), and it is further
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, to the extent that the filing fees required by CPLR 8022 are waived.
Garry, P.J., Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.