Matter of Khatibi v Weil
Motion No: 2006-04223
Slip Opinion No: 2006 NYSlipOp 80400(U)
Decided on November 21, 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

M46768

A/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-04223

In the Matter of Kian Khatibi, appellant, v

Richard E. Weil, etc., respondent.

(Index No. 05-141)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered April 3, 2006, for leave to prosecute the appeal 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 is dismissed, without costs or disbursements, on the ground that the order does not affect a substantial right (see CPLR 5701[a][2][v]); and it is further,

ORDERED that the motion is denied as academic.

GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court