Appellate Division: Second Judicial Department

M48104

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-07478 In the Matter of Maurice Murrell, appellant, v Keith F. Dubray, etc., respondent. (Index No. 869/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated July 10, 2006, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall 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 to waive payment of the filing fee is granted; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge and for the assignment of counsel are denied.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

84 B 2410

Elmira Corr. Fac.

Box 500

Elmira, New York 14902