Petrov v Basheva-Petrova
Motion No: 2006-11875
Slip Opinion No: 2007 NYSlipOp 72299(U)
Decided on June 21, 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

M56269

E/nl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

ANITA R. FLORIO

STEVEN W. FISHER, JJ.

2006-11875

Peter Petrov, appellant, v Mariya Basheva-

Petrova, respondent.

(Index No. 05-21006)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated November 17, 2006, as a poor person. Application by the respondent pro se for the assignment of counsel to defend the appeal.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion and application are denied as academic.

RIVERA, J.P., RITTER, FLORIO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court