Matter of Rikki D. Adams v Rochester Fire Dept.

Matter of Rikki D. Adams v Rochester Fire Dept.

Motion No: 1105

Slip Opinion No: 2007 NYSlipOp 81642

Decided on October 23, 2007

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Rikki D. Adams, Appellant, v. Rochester Fire Department, Respondent.

On the Court's own motion, appeal, insofar as taken from the Appellate Division order denying, upon renewal, appellant's motion for poor person relief, dismissed, without costs, upon the ground that such order does not finally determine an action or proceeding within the meaning of the Constitution; appeal, insofar as taken from the Supreme Court order dismissing appellant's application to compel compliance with a subpoena, transferred, without costs, to the Appellate Division, Fourth Department, upon the ground that a direct appeal does not lie (see NY Const, art VI, 3[b][2], 5[b]; CPLR 5601[b][2]).

Motion for leave to appeal from the above- described Supreme Court order dismissed upon the ground that this Court does not have jurisdiction to entertain the motion (see NY Const, art VI, 3[b]; CPLR 5602).

Motion for poor person relief dismissed as academic.

Judge Pigott took no part.