Callender v Senior
Motion No: 2007-02438
Slip Opinion No: 2007 NYSlipOp 68218(U)
Decided on April 26, 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

M53837

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-02438

David Callender, respondent, v

Andrea Senior, et al., appellants,

et al., defendants.

(Index No. 24717-06)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, entered February 6, 2007, as poor persons and for a preference in the calendaring of the appeal.

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; the appeal 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 motion which are to waive the filing fee and for a preference in the calendaring of the appeal are denied.

CRANE, J.P., RITTER, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court