People ex rel. Davis v Napoli
Motion No: 2007-09127
Slip Opinion No: 2008 NYSlipOp 63876(U)
Decided on February 15, 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

M65888

F/

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-09127

The People ex rel. Bernard G. Davis, appellant,

v David R. Napoli, respondent.

(Docket No. 2056/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated August 24, 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 proceed on the original papers is granted, and the appeal shall 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 those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied.

SPOLZINO, J.P., ANGIOLILLO, BALKIN, and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court