Opinion
2020-08550 Index 464/2020
06-16-2021
In the Matter of Vincent Williams, etc., appellant, v. Anthony Annucci, etc., respondent.
M277714 AFA/
REINALDO E. RIVERA, J.P. SYLVIA O. HINDS-RADIX FRANCESCA E. CONNOLLY PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Dutchess County, dated September 25, 2020. Motion by the appellant pro se for leave to appeal to this Court from the judgment. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion for leave to appeal to this Court is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701); and it is further, ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties; additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until August 16, 2021; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the brief by regular mail; and it is further, ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.
RIVERA, J.P., HINDS-RADIX, CONNOLLY and WOOTEN, JJ., concur.