In the Matter of Reginald Mcfadden Petitioner v D. Venetozzi

Motion No: 504979

Slip Opinion No: 2008 NYSlipOp 85147(U)

Decided on September 17, 2008

Appellate Division, Third 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.

Decided and Entered: September 17, 2008

Case # 504979

In the Matter of REGINALD McFADDEN, Petitioner, v D. VENETOZZI, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Motion for permission to appeal to this Court from order of Supreme Court dated April 30, 2008.

Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required by CPLR 8022 is waived, and it is further

ORDERED that the motion for permission to appeal is referred to Presiding Justice Cardona, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court