Matter of Lopez v Bezio
Motion No: 2009-06256
Slip Opinion No: 2010 NY Slip Op 75301(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104676

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

FRED T. SANTUCCI

HOWARD MILLER, JJ.

2009-06256

In the Matter of Roberto Lopez, appellant,

v Norman R. Bezio, etc., respondent.

(Index No. 821/09)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Dutchess County, dated May 27, 2009, to waive payment of the filing fee, for free transcripts, 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, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and a prior order of this court; and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., RIVERA, SANTUCCI and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court