Opinion
Motion No: 528567
06-20-2019
In the Matter of THEODORE FOLKES, Appellant, v. ALICIA SMITH-ROBERTS, as Director of the Department of Corrections and Community Supervision Ministerial, Family and Volunteer Services, Respondent.
DECISION AND ORDER ON MOTION
Motion for extension of time to file late notice of appeal.
Motion for permission to proceed as a poor person.
Cross motion to dismiss appeal.
Upon the papers filed in support of the motions and cross motion, and the papers filed in opposition to the motion for an extension of time to file a late notice of appeal, it is
ORDERED that the motion for an extension of time to file a late notice of appeal is denied, without costs, 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 required for the motion for an extension of time to file a late notice of appeal (see CPLR 8022) is waived, and it is further
ORDERED that the cross motion to dismiss the appeal is granted, without costs.
Garry, P.J., Lynch, Aarons and Rumsey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court