Opinion
Motion No: 527470
06-27-2019
In the Matter of ECHO WESTLEY DIXON, Appellant, v. DONALD G. UHLER, as Superintendent of Upstate Correctional Facility, et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to vacate dismissal of appeal and to proceed upon an agreed statement in lieu of record.
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 to vacate the dismissal of the appeal is denied, without costs, and without prejudice to renewal supported by an affidavit setting forth an intent to perfect the appeal within a reasonable time and sufficient facts to demonstrate a meritorious appeal, as required by section 1250.10 (c) of the Practice Rules of the Appellate Division, and it is further
ORDERED that the motion for permission to proceed as a poor person is denied, without costs, and without prejudice to renewal in the event appellant moves for and obtains vacatur of the dismissal of the appeal, and it is further
ORDERED that the motion to proceed upon an agreed statement in lieu of record is denied, without costs, and without prejudice to such motion being made in the court of original instance (see CPLR 5527).
Clark, J.P., Mulvey, Rumsey and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court