Opinion
Motion No: M-6331
02-19-2019
Petitioner having moved for an order deeming the moving papers a timely filed notice of appeal from an order of the Supreme Court, New York County, entered on or about September 24, 2018, for leave to prosecute said appeal as a poor person and to have the appeal heard on the original record and upon a reproduced appellant's brief, and related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the moving papers a timely filed notice of appeal, and permitting the appeal 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, with this Court. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. Defendant-appellant's time in which to perfect the appeal is enlarged until 180 days from the date of receipt of the complete record.
ENTERED: February 19, 2019
_____________________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Peter Tom Angela M. Mazzarelli, Justices
M-6331
Index No. 101701/17