| Matter of Essix v Carrion |
| Motion No: 2009-00234 |
| Slip Opinion No: 2009 NY Slip Op 74359(U) |
| Decided on June 5, 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
M87683
S/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2009-00234 In the Matter of Felix Essix, et al., appellants, v Gladys Carrion, etc., et al., respondents. (Index No. 8588/08)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 4, 2009, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellants for leave to prosecute appeal from a judgment of the Supreme Court, Nassau County, dated December 5, 2008, as a poor person.
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 motion is granted; and it is further,
ORDERED that the filing fee is waived; and it is further,
ORDERED that the appellants' record and brief which were submitted to the Clerk of this court are accepted for filing; and it is further,
ORDERED that the respondent shall serve and file its brief on or before July 7, 2009.
FISHER, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court