| Matter of Barbieri v Lee |
| Motion No: 2012-00192 |
| Slip Opinion No: 2012 NY Slip Op 79575(U) |
| Decided on July 23, 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. |
Appellate Division: Second Judicial Department
M141039
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2012-00192 In the Matter of Louis Barbieri, petitioner, v William Lee, etc., respondent.
(Index No. 3581/11)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Dutchess County, dated December 19, 2011, as a poor person. Separate motion by the appellant pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record. Separate motion by the respondent to dismiss the proceeding on the ground that it has been rendered academic.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is granted and the proceeding is dismissed, without costs or disbursements; and it is further,
ORDERED that the petitioner's motions are denied as academic.
SKELOS, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court