| Matter of Faraldo v Tomei |
| Motion No: 2008-00607 |
| Slip Opinion No: 2008 NYSlipOp 87411(U) |
| Decided on October 27, 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
M77662
E/cb
HOWARD MILLER, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-00607
In the Matter of Anne McKenna Faraldo, petitioner, v Albert Tomei, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner in a proceeding pursuant to CPLR article 78 in the nature of mandamus, which was determined by decision and judgment of this court dated March 18, 2008, for leave to amend the caption nunc pro tunc to add two parties, and, in effect, to have the proceeding determined de novo after amendment of the caption, and for poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court