Sureda v Felder
Motion No: 2010-08760
Slip Opinion No: 2010 NY Slip Op 89968(U)
Decided on December 7, 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

M112117

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-08760

Michael Sureda, appellant,

v Raoul Felder, respondent.

(Index No. 5943/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated August 18, 2010, inter alia, to "reopen Index No. 1997/2883 order/decision," for the assignment of counsel, and for poor person relief.

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 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 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