| Yourman v Shpelfogel |
| Motion No: 2009-02592 |
| Slip Opinion No: 2009 NY Slip Op 75157(U) |
| Decided on June 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
M87878
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-02592, 2009-03019 Zev Yourman, appellant, v Mitchell Shpelfogel, respondent.
(Index No. 23576/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Kings County, dated June 24, 2008, and December 1, 2008, respectively, 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 on the court's own motion, the appeal from the order dated December 1, 2008 (Appellate Division Docket No. 2009-03019), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal, without prejudice to the appellant making a motion in the Supreme Court, King County, to vacate the order dated December 1, 2008, and taking an appeal from an order determining that motion, if necessary; and it is further,
ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel with respect to the appeal from the order dated December 1, 2008, are denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated June 24, 2008 (Appellate Division Docket No. 2009-02592), 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, for free transcripts, and for the assignment of counsel with respect to the appeal from the order dated June 24, 2008, are denied.
SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court