Pankratova v Seleznov
Motion No: 2006-03184
Slip Opinion No: 2006 NYSlipOp 74010(U)
Decided on August 17, 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

M43485

S/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2006-03184

Eleonora Pankratova, respondent, v

Aleksandr Seleznov, appellant.

(Index No. 8006/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se (1) for leave to reargue that branch of his prior motion which was for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated January 26, 2006, as a poor person, including waiver of the filing fee for the appeal, which was determined by decision and order on motion dated May 24, 2006, (2) to waive the filing fee for this motion, and (3) for this court to direct the respondent to pay for the trial transcripts and his counsel fees for the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to reargue that branch of the prior motion which was for leave to prosecute the appeal on the original papers is granted and upon reargument, that branch of the appellant's motion which was for leave to prosecute the appeal on the original papers is granted; the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is for leave to reargue the branch of the prior motion which was to waive the filing fee on the appeal and for free transcripts is denied; and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee imposed by CPLR 8022(b) is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the decision and order on motion dated May 24, 2006, is amended by adding to the first decretal paragraph thereof before the words "filing fee" the word "motion."

CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court