| Matter of Jenkins v Ercole |
| Motion No: 2009-01023 |
| Slip Opinion No: 2009 NYSlipOp 68509(U) |
| Decided on April 2, 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. |
Appellate Division: Second Judicial Department
M84690
E/sl
ROBERT A. SPOLZINO, J.P.
MARK C. DILLON
ANITA R. FLORIO
ARIEL E. BELEN, JJ.
|
2009-01023 In the Matter of Samuel Jenkins, appellant, v Robert Ercole, etc., et al., respondents.
(Index No. 6751/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated December 23, 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 branches of the motion which are for leave to prosecute the appeal on the original papers and to waive the filing fee are 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 branch of the motion which is for the assignment of counsel is denied.
SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court