Opinion
Motion No: 521921
03-18-2016
In the Matter of RAYMOND WARREN JR., Appellant, v. OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SCHENECTADY, Respondent.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person on appeal and for extension of time to perfect appeal.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion for permission to proceed as a poor person is treated as an application, pursuant to CPLR 5704 (a), to review an order of Supreme Court entered October 9, 2015, which denied petitioner's application to proceed as a poor person and allow service by mail upon respondent, and it is further
ORDERED that the application is granted, without costs, and the order of Supreme Court is vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Supreme Court for consideration of petitioner's motion for permission to proceed as a poor person (see CPLR 1101 [a], [f]; 22 NYCRR part 140) and the issuance of an order to show cause authorizing such service as Supreme Court deems appropriate (see Matter of Vargas v LeFevre, 122 AD2d 963, 964 [1986]), and it is further
ORDERED that the motion for an extension of time to perfect the appeal is denied, without costs, as moot.
Peters, P.J., Egan Jr., Devine and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court