| People ex rel. Dushain v Ercole |
| Motion No: 2007-11252 |
| Slip Opinion No: 2008 NYSlipOp 63877(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. |
Appellate Division: Second Judicial Department
M65887
F/
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2007-11252 The People ex rel. Carl Dushain, appellant, v Robert E. Ercole, respondent.
(Docket No. 5157/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 7, 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 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