Matter of Gormely, deceased
Motion No: 2007-10108
Slip Opinion No: 2008 NYSlipOp 60055(U)
Decided on January 3, 2008
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

M64264

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-10108

In the Matter of Allen Gormely, deceased.

Allen Gormely, Jr., appellant; Eleanor Barrack,

et al., respondents.

(File No. 241/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a decree of the Surrogate's Court, Kings County, dated August 17, 2007, 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 branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and 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 to waive the filing fees, for free transcripts, and for the assignment of counsel are denied.

RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court