Appellate Division of the Supreme Court of New York, 1977

Jackson v. R. E. Dietz Co.

Jackson v. R. E. Dietz Co.
Appellate Division of the Supreme Court of New York · Decided September 16, 1977
59 A.D.2d 632; 1977 N.Y. App. Div. LEXIS 13485
Jackson v. R. E. Dietz Co.

Opinion of the Court

—Motion pursuant to section 800.12 of the Rules of Practice (22 NYCRR 800.12 [App Div, 3d Dept]) granted, without costs, and the clerk is directed to accept appellant’s record and brief provided they are filed and served on or before December 5, 1977. Motion by appellant for permission to proceed as a poor person granted, without costs, only to extent that the appeal may be heard upon one copy of the record and seven copies of a brief and appendix. If appellant is unable, within this time period, to file a record in compliance with section 17 of the board’s rules (12 NYCRR 300.18), the *633appeal need not be perfected upon a record certified by the board. In such case, the appeal may be heard upon a single copy of the record the contents of which shall be certified in the manner specified by the Rules of Practice (22 NYCRR 800.7 [b]). (See Matter of Garcia v Brassiere Rest., 59 AD2d 628.) Koreman, P. J., Greenblott, Main, Mikoll and Herlihy, JJ., concur.

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