Eugene Phillips v Natalie Ortiz
Motion No: 2010-02432 pc
Slip Opinion No: 2011 NY Slip Op 62894(U)
Decided on January 25, 2011
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

JOHN R. LACAVA, JJ.

DECISION & ORDER ON MOTION

2010-2432 P C
Eugene Phillips, Respondent, v Natalie Ortiz, Appellant.

Motion by appellant for leave to prosecute an appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County, entered August 3, 2010, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers have been filed in opposition thereto, it is

ORDERED that branch of the motion seeking the assignment of counsel is denied; and it is further,

ORDERED that the branch of the motion seeking poor person relief is granted; and it is further,

ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant to prosecute the appeal; and it is further,

ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon argument or submission of the appeal. The minutes shall be settled in accordance with UJCA 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court.

ENTER:

Francis A. Nicolai

Presiding Justice