| Matter of McTootle v Rice |
| Motion No: 2007-09649 |
| Slip Opinion No: 2008 NYSlipOp 79879(U) |
| Decided on August 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
M74373
E/sl
ROBERT A. LIFSON, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which are for a preference in the calendaring of the appeal is denied; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, and to waive the filing fee are denied as academic as the appeal has been perfected and the filing fee paid; 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 granted.
LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court