| Matter of Diaz v Alexander |
| Motion No: 2008-08813 |
| Slip Opinion No: 2008 NYSlipOp 91876(U) |
| Decided on December 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
M79591
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2008-08813 In the Matter of Jose Diaz, appellant, v George Alexander, etc., respondent.
(Index No. 639/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated August 22, 2008, as a poor person and for the assignment of counsel.
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 is for leave to prosecute the appeal on the original papers is granted, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.
MASTRO, J.P., MILLER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court