| Matter of Tyler v Paterson |
| Motion No: 2009-11765 |
| Slip Opinion No: 2010 NY Slip Op 66425(U) |
| Decided on March 24, 2010 |
| 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
M100226
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-11765 In the Matter of David A. Tyler, appellant, v David A. Patterson, etc., et al., respondents.
(Index No. 6181/09)
| DECISION & ORDER ON MOTION |
Motion by David A. Tyler for leave to appeal to this court from a judgment of the Supreme Court, Dutchess County, dated November 16, 2009, and for leave to prosecute the appeal on the original papers and to waive the filing fee.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701), and the appellant's motion papers are deemed to be a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers and to waive the filing fee is granted; 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 payment of the filing fee is waived.
MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court