Matter of Best v Thomas
Motion No: 2007-03140
Slip Opinion No: 2007 NYSlipOp 67846(U)
Decided on April 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M53589

E/cb

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2007-03140

In the Matter of Hilary A. Best, petitioner,

v Charles A. Thomas, etc., respondent.

(Index No. 22490/97)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 for an order awarding him temporary custody of the subject incapacitated person pending hearing and determination of the proceeding, and to waive the motion filing fee.

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 to waive the motion filing fee is granted; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court