Appellate Division: Second Judicial Department

M75669

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-02819 The People, etc., ex rel., Edward Patterson, appellant, v Robert Ercole, etc., et al., respondents. (Index No. 303/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated January 31, 2008, 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 motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged and the briefs submitted to the Clerk of the court are accepted for filing; and it is further,

ORDERED that the Clerk of the court, or his designee, is directed to subpoena the original papers from the Supreme Court, Dutchess County, and serve one copy of the appellant's brief on the respondent; and it is further,

ORDERED that on or before October 20, 2008, the respondent shall file nine copies of its brief and serve one copy on the appellant.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court