Matter of McTootle v Rice
Motion No: 2007-09649
Slip Opinion No: 2008 NYSlipOp 71482(U)
Decided on May 8, 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

M70164

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

EDWARD D. CARNI, 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 a preference in the calendaring of an appeal from a judgment of the Supreme Court, Nassau County, entered October 3, 2007, for leave to prosecute the appeal as a poor person, to waive the filing fee, 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 branches of the motion which are for a preference in the calendaring of the appeal, for leave to prosecute the appeal as a poor person, and to waive the filing fee are 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.

FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court