| People ex rel. Maclin v Heath |
| Motion No: 2011-05571 |
| Slip Opinion No: 2011 NY Slip Op 83261(U) |
| Decided on September 12, 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
M125582
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-05571 The People, ex rel., Clarence Maclin, appellant, v Philip D. Heath, etc., respondent.
(Index No. 157/11)
| DECISION & ORDER ON MOTION |
Motion by Clarence Maclin for leave to appeal to this Court from a judgment of the Supreme Court, Westchester County, entered May 2, 2011, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
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]); 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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied.
DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court