Opinion
Motion No: 528568
04-25-2019
DECISION AND ORDER ON MOTION
Motion to vacate dismissal and for extension of time to perfect 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 to vacate the dismissal of the appeal and for an extension of time to perfect said appeal is denied, without costs and without prejudice to renewal supported by an affidavit setting forth sufficient facts to demonstrate a meritorious appeal, as required by 22 NYCRR 1250.10 (c); and it is further
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee for the motion to vacate the dismissal of the appeal and for an extension of time to perfect said appeal (see CPLR 8022) is waived.
Clark, J.P., Mulvey, Devine and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court