| Payne v City of New Rochelle |
| Motion No: 2012-05399 |
| Slip Opinion No: 2012 NY Slip Op 80546(U) |
| Decided on August 3, 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
M141562
H/sl
THOMAS A. DICKERSON, J.P.
RANDALL T. ENG
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2012-05399 Ronald Payne, appellant, v City of New Rochelle, et al., respondents. (Index No. 04-17536)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from clerk's extract of the minutes of a jury verdict of the Supreme Court, Westchester County, dated April 26, 2012, for poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the clerk's extract is deemed to be a premature notice of appeal from a judgment of the same court July 16, 2012 (see CPLR 5520[c]); and it is further,
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 branches of the motion which are to waive the filing fee and for free transcripts are denied.
DICKERSON, J.P., ENG, BELEN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court