Appellate Division: Second Judicial Department

M125581

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-05794 In the Matter of Thomas Williams, appellant, v Janet DiFiore, etc., respondent. (Index No. 706/10)

DECISION & ORDER ON MOTION

Motion by Thomas Williams for leave to appeal to this Court from a judgment of the Supreme Court, Westchester County, entered March 22, 2011, for leave to prosecute the appeal as a poor person and for leave to file less than nine copies of the appellant's brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701[a][1], [b][1]); and it is further,

ORDERED that the motion papers are deemed to constitute a timely notice of appeal (see CPLR 5520[b]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for leave to file less than nine copies of the appellant's brief are denied.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court