Appellate Division: Second Judicial Department

M51576

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-01043 In the Matter of Frank Banks, appellant, v Brian Fischer, etc., respondent. (Index No. 14736-06)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for leave to appeal to this court from a judgment of the Supreme Court, Westchester County, entered December 26, 2006, for leave to prosecute the appeal 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 appeal is denied as unnecessary, as the judgment is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the appellant's motion papers are deemed to be a timely notice of appeal; and it is further,

ORDERED that the branch of the 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 branch of the motion which is for free transcripts, to waive the filing fee, and for the assignment of counsel is denied.

PRUDENTI, P.J., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court