Matter of Ramos v Heath
Motion No: 2012-01927
Slip Opinion No: 2012 NY Slip Op 71436(U)
Decided on April 26, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M136611

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2012-01927

In the Matter of Angel Ramos, appellant,

v Philip Heath, etc., respondent.

(Index No. 11-899)

DECISION & ORDER ON MOTION

Motion by Angel Ramos for leave to appeal to this Court from a judgment of the Supreme Court, Westchester County, entered February 15, 2012, and for leave to prosecute the appeal as a poor person.

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 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); and it is further,

ORDERED that the motion papers are deemed a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted, 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 payment of the filing fee is waived.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court