Nestel v State of New York
Motion No: 2007-04592
Slip Opinion No: 2007 NYSlipOp 74591(U)
Decided on July 25, 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

M57611

E/nl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

MARK C. DILLON

JOSEPH COVELLO, JJ.

2007-04592

Judith Nestel, appellant, v State of

New York, respondent.

(Motion No. M - 72463)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Court of Claims dated December 20, 2006, for leave to prosecute the appeal 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 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

SCHMIDT, J.P., CRANE, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court