Appellate Division: Second Judicial Department

M129668

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2011-09731 Michael Sureda, appellant, v Eleanor Albenda, et al., respondents. (Index No. 1107/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated September 16, 2011, as a poor person, and for the assignment of counsel. Cross motion by the respondent Raoul Felder to dismiss the appeal on the ground that no action is presently pending between the parties, to impose a sanction upon the appellant, for an award of costs and an attorney's fee, and to preclude the appellant from making further motions without prior written approval of the Supreme Court.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to impose a sanction upon the appellant, and for an award of costs and an attorney's fee is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross motion which is to preclude the appellant from making further motions without prior written approval of the Supreme Court is denied without prejudice to making a motion for that relief in the Supreme Court, Dutchess County; and it is further,

ORDERED that the cross motion is otherwise denied.

SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court