Bank of America, N.A. (USA) v Agiwal
Motion No: 2008-11665
Slip Opinion No: 2009 NYSlipOp 66734(U)
Decided on March 17, 2009
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83837

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-11665, 2009-01169

Bank of America, N.A. (USA), respondent,

v Baijnath Agiwal, appellant.

(Index No. 2115/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Queens County, entered December 10, 2008, and February 5, 2009, respectively, as a poor person and 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 appeals on the original papers is granted, and the appeals 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, to be provided with transcripts free of charge, and for the assignment of counsel are denied.

DILLON, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court