Matter of Drice v New York City Housing Authority
Motion No: 2009-07772
Slip Opinion No: 2010 NY Slip Op 73494(U)
Decided on June 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M103721

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-07772, 2010-00593

In the Matter of Philippe E. Drice, appellant,

v New York City Housing Authority, et al.,

respondents.

(Index No. 25547/07)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, entered June 29, 2009 (Appellate Division Docket No. 2009-07772), and November 23, 2009 (Appellate Division Docket No. 2010-00593), respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, to waive the filing fee, and for poor person relief.

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

ORDERED that on the court's own motion, the appeal from the order entered June 29, 2009 (Appellate Division Docket No. 2009-07772), is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court; and it is further,

ORDERED that on the court's own motion, the appeal from the order entered November 23, 2009 (Appellate Division Docket No. 2010-00593), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court