| NICHOLAS J. HIRSCH, V EAGLE POINT ENTERPRISES, AND RH APARTMENTS, . |
| Motion No: CA 09-01983 |
| Slip Opinion No: 2009 NY Slip Op 86625(U) |
| Decided on October 21, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01983
| NICHOLAS J. HIRSCH, PLAINTIFF-RESPONDENT-APPELLANT, V EAGLE
POINT ENTERPRISES, AND RH APARTMENTS, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a letter of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on August 26, 2009,
Now, upon reading and filing the affidavit of Nicholas J. Hirsch sworn to September 21, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Erica M. DiRenzo sworn to October 16, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and the appeal is dismissed, because the letter is not appealable (see CPLR 5512 [a], 5703 [b]).
Entered: October 21, 2009
Patricia L. Morgan, Clerk