| Matter of Collier v Ercole |
| Motion No: 2010-07414 |
| Slip Opinion No: 2010 NY Slip Op 85819(U) |
| Decided on October 21, 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
M109873
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-07414 In the Matter of Maurice Collier, appellant, v Robert Ercole, etc., respondent.
(Index No. 459/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Dutchess County, dated June 18, 2010, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.
RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court