Matter of Whitfield v Mahoney
Motion No: 2007-05505
Slip Opinion No: 2007 NYSlipOp 79568(U)
Decided on September 27, 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

M60509

E/nl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2007-05505

In the Matter of John Whitfield, appellant,

v John Mahoney, etc., et al., respondents.

(Index No. 2353/07)

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 May 29, 2007, as a poor person.

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 branch of the motion which is for leave to prosecute the appeal on the original papers is granted, the appeal 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 to waive payment of the filing fee and for free transcripts are denied.

SCHMIDT, J.P., GOLDSTEIN, SKELOS and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court