Appellate Division: Second Judicial Department

M44082

C/nl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

DANIEL F. LUCIANO, JJ.

2006-06106 Raymond A. Powers, respondent, v Catherine Wilson, appellant. (Index No. 1903/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered May 31, 2006, as a poor person.

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

ORDERED that on the court's own motion, the appeal from so much of the order as denied the appellant's motion for reargument is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion for reargument; and it is further,

ORDERED that the branches of the motion which are for a free transcript and waiver of the filing fee are denied; and it is further,

ORDERED that the branch of the motion which is to dispense with printing is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other.

MILLER, J.P., CRANE, RITTER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court