| Matter of Moore v Jessen |
| Motion No: 2009-00671 |
| Slip Opinion No: 2009 NY Slip Op 72027(U) |
| Decided on May 8, 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
M86341
E/cb
ANITA R. FLORIO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
LEONARD B. AUSTIN, JJ.
|
2009-00671
In the Matter of Tislan Moore, appellant, v G. Jessen, et al., respondents. (Index No. 4181/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a late notice of an appeal from a judgment of the Supreme Court, Dutchess County, dated October 20, 2008, for leave to prosecute the appeal 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 serve and file a late notice of appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as untimely taken (see CPLR 5513[a]); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied as academic.
FLORIO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court