| NICHOLAS J. HIRSCH V JANE STURGIS |
| Motion No: CA 10-01406 |
| Slip Opinion No: 2010 NY Slip Op 80669(U) |
| Decided on August 23, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: MARTOCHE, J. P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.
DOCKET NO. CA 10-01406
| NICHOLAS J. HIRSCH, PLAINTIFF-APPELLANT, V JANE STURGIS,
DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 11, 2010, and for a stay of all proceedings in Monroe County Court,
Now, upon reading and filing the affidavits of Nicholas J. Hirsch sworn to July 6, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied and the appeal is dismissed because no appeal lies from the Monroe County Court's order (see Ellingsworth v City of Watertown, 113 AD2d 1013; see also CPLR 5703 [b]).
Entered: August 23, 2010
Patricia L. Morgan, Clerk