| Lunsford v New York State Division of Parole |
| Motion No: 2007-04498 |
| Slip Opinion No: 2007 NYSlipOp 85583(U) |
| Decided on December 6, 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
M63197
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
DAVID S. RITTER
WILLIAM E. McCARTHY, JJ.
|
2007-04498, 2007-07322 Carl E. Lunsford, appellant, v New York State Division of Parole, et al., respondents. (Index No. 10883-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Suffolk County, dated May 4, 2007, and July 9, 2007, respectively, for leave to prosecute the appeal from the order dated July 9, 2007, as a poor person, and for the assignment of counsel to prosecute the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated July 9, 2007 (Appellate Division Docket No. 2007-07322), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals, and for leave to prosecute the appeal from the order dated July 9, 2007, as a poor person and for the assignment of counsel to prosecute that appeal are denied as academic; and it is further,
ORDERED that the branch of the motion which is for the assignment of counsel to prosecute the appeal from the order dated May 4, 2007, is denied.
RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court