Matter of Williams, David
Motion No: 2009-02889
Slip Opinion No: 2009 NY Slip Op 72158(U)
Decided on May 11, 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

M86349

E/cb

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-02889

In the Matter of David Williams, appellant.

(Index No. 25382/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave appeal to this court from an order of the Supreme Court, Westchester County, entered December 23, 2008, and for leave to prosecute the appeal as a poor person.

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 for leave appeal is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is 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, 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 payment of the filing fee is waived.

FLORIO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court