DeSantis v Schulder
Motion No: 2010-04410
Slip Opinion No: 2010 NY Slip Op 74963(U)
Decided on June 22, 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

M104315

E/sl

STEVEN W. FISHER, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-04410

Jessica DeSantis, plaintiff,

v Robin Schulder, defendant.

(Index No. 7390/07)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated January 22, 2010, which affirmed a judgment of the Civil Court of the City of New York, Queens County, entered June 16, 2008, to waive the motion filing fee and for poor person relief.

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 the branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court