| Matter of Ellison v Evans |
| Motion No: 2010-11881 |
| Slip Opinion No: 2011 NY Slip Op 68350(U) |
| Decided on March 29, 2011 |
| 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
M116787
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
ROBERT J. MILLER, JJ.
|
2010-11881 In the Matter of Christopher Ellison, appellant, v Andrea Evans, respondent. (Index No. 21961/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 29, 2010, as a poor person and for the assignment of counsel.
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 as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court