| Hong Mai v Southeast Produce |
| Motion No: 2006-02125 |
| Slip Opinion No: 2006 NYSlipOp 68386(U) |
| Decided on May 8, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M39365
C/nal
ROBERT W. SCHMIDT, J.P.
ROBERT A. SPOLZINO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-02125
Hong Mai, appellant, v Southeast Produce, et al., respondents. (Index No. 05262/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated December 2, 2005, for poor person relief, and separate motion by the appellant, in effect, to vacate a determination of the respondent New York State Workers' Compensation Board denying benefits to the appellant.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not affect a substantial right of the appealing party (see CPLR 5701[a][2][v]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motions are denied as academic.
SCHMIDT, J.P., SPOLZINO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court