Batshever v Baron Auto Mall, Inc.
Motion No: 2006-03626
Slip Opinion No: 2006 NYSlipOp 69158(U)
Decided on May 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39890

T/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-03626

Victor Batshever, plaintiff, v

Baron Auto Mall, Inc., defendant.

(Index No. 01009/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated February 9, 2006, which affirmed an order of the Civil Court, Kings County, entered March 15, 2005, and for leave to prosecute the appeal 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 which is for poor person relief is granted to the extent that the filing fee for the motion is waived, and that branch of the motion is otherwise denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court