Sisters of Charity Healthcare System v Zarelli
Motion No: 2007-09492
Slip Opinion No: 2007 NYSlipOp 83052(U)
Decided on November 7, 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

M62149

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-09492

Sisters of Charity Healthcare System, plaintiff,

v Rae Zarelli, defendant.

(Index No. 4633/98)

DECISION & ORDER ON MOTION

Motion by the defendant, inter alia, for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 3, 2007, which affirmed an order of the Civil Court of the City of New York, Richmond County, entered December 20, 2005, to stay enforcement of a certain lien, pending hearing and determination of the appeal, and for leave to prosecute the appeal 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 appeal is denied; and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court