| Matter of Warmus v Westchester County District Attorney's |
| Motion No: 2007-00021 |
| Slip Opinion No: 2007 NYSlipOp 62933(U) |
| Decided on February 9, 2007 |
| 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
M50560
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2007-00021 In the Matter of Carolyn Warmus, appellant, v Westchester County District Attorney's (DA's) Office, et al., respondents. (Index No. 06-3832)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered October 6, 2006, on the ground that the appeal was untimely taken and cross motion by the appellant for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is for leave to proceed on the original papers is granted; the proceeding 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 branches of the cross motion which are for free transcripts and to waive the filing fee are denied.
SPOLZINO, J.P., SKELOS, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court