| Matter of Weekes v Berry |
| Motion No: 2007-01933 |
| Slip Opinion No: 2007 NYSlipOp 78075(U) |
| Decided on September 14, 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. |
Appellate Division: Second Judicial Department
M59723
E/nl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
WILLIAM E. McCARTHY, JJ.
|
2007-01933 In the Matter of Mark Weekes, petitioner, Jeffrey G. Berry, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, for leave to reargue his motion pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, which was determined by decision and order on motion dated April 25, 2007.
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 motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated April 25, 2007.
SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court