Opinion
M-236 M-24
02-20-2020
In the Matter of Samuel Miller, Petitioner-Respondent, For the Appointment of a Guardian forthe Person and Property Management ofEmily Shen-Miller, an allegedly Incapacitated Person, Respondent-Appellant.
An appeal having been taken from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about January 24, 2018, and two orders of said Court, entered on or about March 26, 2019,And respondent-appellant having moved, by separate motions, for an extension of time to perfect the appeal (M-24), and for leave to prosecute the appeal as a poor person, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief (M-236), Now, upon reading and filing the papers with respect to said motions, and due deliberation having been had thereon, It is ordered that the motions are granted to the extent of deeming the motion for an extension of time to perfect the appeal as one to vacate the dismissal of the appeal and, as such, the motion is granted, the appeal reinstated and the time to perfect said appeal is extended to the September 2020 Term (M-24). The appeal is permitted to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record (M-236).
ENTERED: February 20, 2020
__________ CLERK
Present - Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Ellen Gesmer Anil C. Singh,Justices
Index No. 500306/17