| Matter of Felder v Fischer |
| Motion No: 2011-06776 |
| Slip Opinion No: 2011 NY Slip Op 89046(U) |
| Decided on November 7, 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
M128462
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-06776 In the Matter of Robert Felder, appellant, v Brian Fischer, etc., respondent.
(Index No. 727/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated May 18, 2011, as a poor person and, in effect, to direct the Clerk of the Court, or his designee, to subpoena the original papers from the Supreme Court, Dutchess County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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 branch of the motion which is to subpoena the original papers is granted, and the Clerk of the Court, or his designee, shall subpoena the original papers from the Supreme Court, Dutchess County; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court