Opinion
Motion No: 2020-00361 DC
06-01-2020
Amy Thompson, Appellant, v. Morgan Fuel & Heating Co., Inc., d/b/a Bottini Fuel, Respondent.
TERRY JANE RUDERMAN
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of the Justice Court of the Village of Wappingers Falls, Dutchess County, entered January 8, 2020, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,
ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant to prosecute the appeal; and it is further,
ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon the argument or submission of the appeal. The minutes shall be settled in accordance with Uniform Justice Court Act 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED on the court's own motion, that appellant's time to perfect the appeal is hereby extended, and the appeal shall be perfected on or before October 29, 2020, by filing a digital copy of the brief, with proof of service, onto the court's digital portal, Records, Briefs & Motions Drop Off, found on the court's website at:
https://nycourts.sharepoint.com/sites/AT2-DCS/SitePages/Home.aspx.
Upon the full re-opening of the court, the parties will be directed to file hard copies of such briefs with the court; and it is further,
ORDERED that in the event the appeal is not perfected by October 20, 2020, the court, on its own motion, may dismiss the appeal or respondent may move, on three days' notice, to dismiss the appeal.
ENTER:
Paul Kenny
Chief Clerk