| Sureda v Maroulis |
| Motion No: 2010-08751 |
| Slip Opinion No: 2010 NY Slip Op 85848(U) |
| Decided on October 22, 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
M109965
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2010-08751 Michael Sureda, appellant, v Peter Maroulis, respondent. (Index No. 5945/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated August 18, 2010, to "reopen [and] overturn Index No. 2883/1997," for "sanctions [and] damages," for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order that does not affect a substantial right of the parties (see CPLR 5701[a][2][v]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court