| People ex rel. Davis v Ercole |
| Motion No: 2009-02102 |
| Slip Opinion No: 2009 NY Slip Op 72677(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. |
Appellate Division: Second Judicial Department
M86578
F/
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL, JJ.
|
2009-02102 The People, etc., ex rel. Gregory Davis, appellant, v Robert Ercole, etc., respondent.
(Docket No. 7908/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess, dated February 10, 2009, 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 relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall 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 those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied.
FISHER, J.P., COVELLO, ANGIOLILLO, and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court