Matter of Horowitz v New York City Police Department
Motion No: 2010-05641
Slip Opinion No: 2010 NY Slip Op 78211(U)
Decided on July 28, 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

M105829

J/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-05641

In the Matter of Jeffrey Horowitz, appellant,

v New York City Police Department, respondent.

(Index No. 29743/09)

DECISION & ORDER ON MOTION

Motion by Jeffrey Horowitz for leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 28, 2010, and for leave to prosecute the appeal as a poor person.

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 for leave to appeal to this court is denied as unnecessary as the order dated April 28, 2010, is appealable as of right; and it is further,

ORDERED that the moving papers of Jeffrey Horowitz are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court