Matter of Livingston v Hynes
Motion No: 2009-01049
Slip Opinion No: 2009 NY Slip Op 72646(U)
Decided on May 15, 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

M86702

E/cb

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-01049

In the Matter of Detroy Livingston, appellant,

v Charles J. Hynes, etc., respondent.

(Index No. 18210/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated August 21, 2008, 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 to prosecute the appeal on the original papers is granted, and 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 and for free transcripts are denied.

SKELOS, J.P., SANTUCCI, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court