Matter of Martinez v Fish
Motion No: 2007-08400
Slip Opinion No: 2007 NYSlipOp 81744(U)
Decided on October 23, 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

M61493

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2007-08400

In the Matter of Jorge Martinez, appellant,

v Katherine Fish, etc., respondent.

(Index No. 06-16757)

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 December 7, 2006, 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 in relation thereto, it is

ORDERED that the branches of the motion which are to waive payment of the filing fee and to prosecute the appeal on the original papers are granted; and it is further,

ORDERED that 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 for free transcripts and for the assignment of counsel are denied.

RIVERA, J.P., SKELOS, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court