| In the Matter of Michael E. Costello v Andrea C. Dupuis. |
| Motion No: 509787 |
| Slip Opinion No: 2010 NY Slip Op 77810(U) |
| Decided on July 16, 2010 |
| Appellate Division, Third 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. |
Decided and
Entered: July 16, 2010
Case # 509787
In the Matter of MICHAEL E. COSTELLO, Appellant, v Respondent. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal.
Motion for permission to proceed as a poor person, for assignment of counsel and
for further relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that
the motion to dismiss the appeal is denied, without costs, upon the condition that appellant file a precalender statement with the clerk of the
court of original instance on or before August 2, 2010, and it is further
ORDERED that the motion for permission to proceed as a poor
person, for assignment of counsel and for further relief is granted, without costs, only to the extent that the filing fees required by CPLR 8022 are
waived. The motion is, in all other respects, denied.
SPAIN, J.P., LAHTINEN, MALONE JR., KAVANAGH and McCARTHY, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court