| People ex rel. Pulley v Superintendent, Sing Sing Correctional |
| Motion No: 2007-05487 |
| Slip Opinion No: 2007 NYSlipOp 85787(U) |
| Decided on December 10, 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
M63206
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2007-05487 People ex rel. Jerry Pulley, appellant, v Superintendent, Sing Sing Correctional Facility, et al., respondents. (Index No. 07-2361)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered May 9, 2007, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701[a][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court