| People ex rel. Defreitas v Ewald |
| Motion No: 2009-00154 |
| Slip Opinion No: 2009 NY Slip Op 73938(U) |
| Decided on June 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
M87419
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-00154 The People, etc., ex rel., Russell Defreitas, appellant, v Charles Ewald, respondent.
(Index No. 31153/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an undated order of the Supreme Court, Kings County, as a poor person, and for the assignment of counsel
Upon the papers filed in support of the motion and papers filed in opposition or relation thereto; it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order in a proceeding pursuant to CPLR article 70 (see CPLR 7011); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court