Joseph v Brooklyn Bar Association
Motion No: 2007-02059
Slip Opinion No: 2007 NYSlipOp 72894(U)
Decided on June 29, 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

M56563

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-02059

Carmie Joseph, appellant,

v Brooklyn Bar Association, respondent.

(Index No. 34092/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated February 5, 2007, 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 on the court's own motion, the appeal from so much of the order as directed a hearing on the issue of whether service of process was properly effected is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid the determination of a motion, and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the motion is denied.

CRANE, J.P., GOLDSTEIN, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court