Matter of Downs v Martinez
Motion No: 2007-03137
Slip Opinion No: 2007 NYSlipOp 69302(U)
Decided on May 10, 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

M54472

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

GABRIEL M. KRAUSMAN

EDWARD D. CARNI, JJ.

2007-03137

In the Matter of Willie Downs, appellant,

v Raymond Martinez, etc., respondent.

(Index No. 06-1899)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, entered January 31, 2007, as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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 branches of the motion which are for free transcripts and to waive the filing fee are denied.

MILLER, J.P., MASTRO, KRAUSMAN and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court