Opinion
CA 18-02033
12-02-2019
IN THE MATTER OF CHARLIE MIXON, PETITIONER-APPELLANT, v. GREGORY G. WICKETT, CHIEF OF POLICE, DEPARTMENT OF POLICE, TOWN OF HAMBURG, RESPONDENT-RESPONDENT.
PRESENT:
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered September 19, 2018 (denominated a motion for an extension of time to perfect), for an order to compel respondent to "complete the certified record", and for poor person relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal (denominated extension of time to complete certified the record) on the condition that the appeal is perfected on or before January 31, 2020, and
It is further ORDERED that the motion is denied insofar as it seeks an order directing respondent's counsel to complete the certified record without prejudice to a motion in Supreme Court to settle the record (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]), and
It is further ORDERED that the motion is dismissed as unnecessary insofar as it seeks poor person relief.
Entered: December 2, 2019
Mark W. Bennett
Clerk of the Court