Matter of McTootle v Rice
Motion No: 2007-09649
Slip Opinion No: 2008 NYSlipOp 65248(U)
Decided on February 29, 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

M66361

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-09649

In the Matter of Roschette R. McTootle, appellant,

v Kathleen M. Rice, respondent.

(Index No. 10946/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, entered October 3, 2007, as a poor person and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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 prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied with leave to renew when the appeal is perfected.

RIVERA, J.P., LIFSON, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court