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Clarke v. Azar

Supreme Court of New York, Third Department
Sep 28, 2023
2023 N.Y. Slip Op. 74353 (N.Y. App. Div. 2023)

Opinion

Motion No. CV-23-1014

09-28-2023

In the Matter of NIGEL CLARKE, Appellant, v. ALEX AZAR II, as Secretary of U.S. Department of Health and Human Services, et al., Respondents.


Unpublished Opinion

MOTION DECISION

DECISION AND ORDER ON MOTION

Motion for extension of time to cure omission on notice of appeal.

Motion for permission to appeal.

Motion for permission to proceed as a poor person.

Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for an extension of time to cure the omission on the notice of appeal is denied, without costs, as unnecessary, and it is further

ORDERED that the motion for permission to appeal is referred to Presiding Justice Garry, who makes the following decision: Motion denied, without costs, as unnecessary. The order and judgment sought to be appealed is appealable as of right (see CPLR 5701 [a] [1]), and it is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, to the extent that the filing fees required by CPLR 8022 are waived.

Garry, P.J., Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.


Summaries of

Clarke v. Azar

Supreme Court of New York, Third Department
Sep 28, 2023
2023 N.Y. Slip Op. 74353 (N.Y. App. Div. 2023)
Case details for

Clarke v. Azar

Case Details

Full title:In the Matter of NIGEL CLARKE, Appellant, v. ALEX AZAR II, as Secretary of…

Court:Supreme Court of New York, Third Department

Date published: Sep 28, 2023

Citations

2023 N.Y. Slip Op. 74353 (N.Y. App. Div. 2023)