| Sureda v Gilpatric |
| Motion No: 2010-08757 |
| Slip Opinion No: 2010 NY Slip Op 89969(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. |
Appellate Division: Second Judicial Department
M112113
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2010-08757 Michael Sureda, appellant, v James Gilpatric, respondent. (Index No. 5944/10)
| 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/overturn 2883/97 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