Opinion
Motion No. 2022-00740 ORC
02-15-2023
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. ELIZABETH H. EMERSON JAMES P. McCORMACK, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of the City Court of Newburgh, Orange County, entered September 13, 2022, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further, ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant to prosecute the appeal; and it is further, ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon the argument or submission of the appeal. The minutes shall be settled in accordance with Uniform City Court Act 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further, ORDERED on the court's own motion, that appellant's time to perfect the appeal is hereby extended, and the appeal shall be perfected on or before April 21, 2023; and it is further, ORDERED that in the event the appeal is not perfected by April 21, 2023, the court, on its own motion, may dismiss the appeal or respondent may move, on three days' notice, to dismiss the appeal.