Opinion
Motion No: 527727
11-07-2019
In the Matter of FRANKLIN McPHERSON, Appellant, v. WILLIAM KEYSER, as Superintendent of Sullivan Correctional Facility, et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to vacate dismissal of appeal and for extension of time to perfect appeal.
Motion for permission to proceed as a poor person and for assignment of counsel.
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 granted, without costs, dismissal of the appeal is vacated (see 22 NYCRR 1250.10 [c]), and the time to perfect the appeal is extended to December 9, 2019, 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 fees required by CPLR 8022 are waived, and it is further
ORDERED that the motion for assignment of counsel is denied, without costs.
Garry, P.J., Egan Jr., Aarons and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court