Opinion
2011-05490 Index No. 9058/09 M142418
08-23-2012
In the Matter of Edwin Madden, appellant, v. Charles Hynes, respondent.
, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se to reinstate an appeal from a judgment of the Supreme Court, Kings County, dated May 11, 2010, which he alleges has been dismissed, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to reinstate the appeal is denied as unnecessary as the appeal has not been dismissed; 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, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the motion which is to enlarge 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 the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 22, 2012; and it is further,
ORDERED that the branches of the motion which are to waive the filing fee and for free transcripts are denied.
FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court