| McNulty v Christensen |
| Motion No: 2006-07769 |
| Slip Opinion No: 2006 NYSlipOp 80924(U) |
| Decided on November 30, 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
M47495
E/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-07769 Thomas J. McNulty, appellant, v Gary E. Christensen, etc., et al., respondents. (Index No. 1589/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 26, 2006, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and no papers having been filed in opposition or 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 motion is denied as academic.
GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court