| Policano v State of New York |
| Motion No: 2010-02882 |
| Slip Opinion No: 2010 NY Slip Op 74975(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. |
Appellate Division: Second Judicial Department
M104311
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
|
2010-02882 David Policano, appellant, v State of New York, respondent. (Claim No. 117936)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to appeal from an order of the Court of Claims dated March 5, 2010, as a poor person, and for the assignment of counsel.
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 on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., MILLER, ANGIOLILLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court