Appellate Division: Second Judicial Department

M97743

S/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-08257 In the Matter of Julius Hutcherson, appellant, v Robert Ercole, etc., respondent. (Index No. 7751/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to file a late notice of appeal on an appeal from a judgment of the Supreme Court, Dutchess County, dated January 20, 2009, and for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers having filed in relation thereto, it is

ORDERED that the branches of the motion which are to waive the filing fee and for leave to proceed on the original papers are granted; and it is further,

ORDERED that the proceeding 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 branch of the motion which is for the assignment of counsel is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a late notice of appeal is denied as unnecessary as the notice of appeal was timely filed.

FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court