| Batshever v Okin |
| Motion No: 2008-00645 |
| Slip Opinion No: 2008 NYSlipOp 66098(U) |
| Decided on March 12, 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
M67466
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-00645, 2008-02273, 2008-02274 Victor Batshever, plaintiff, v Avery E. Okin, defendant. (Index No. 3944/05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff (1) for leave to appeal to this court from three orders of the Appellate Term, Second and Eleventh Judicial Districts, dated September 12, 2007, November 20, 2007, and January 7, 2008, respectively, which, inter alia, struck the appeal from the general calendar and denied the plaintiff's motion for leave to reargue, and (2) for leave to prosecute the appeal as a poor person.
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 appeal to this court is denied (see CPLR 5703[a]); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted to the extent that the fee for filing the motion is waived and that branch of the motion is otherwise denied as academic.
SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court