In the Matter of Johnathan Johnson Petitioner v Andrea W. Evans et



In the Matter of Johnathan Johnson Petitioner v Andrea W. Evans et
Motion No: 514785
Slip Opinion No: 2012 NY Slip Op 82320(U)
Decided on August 17, 2012
Appellate Division, Third 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.



Decided and Entered: August 17, 2012

Case # 514785


In the Matter of JOHNATHAN JOHNSON,

Petitioner,
v
ANDREA W. EVANS et al.,

Respondents.



DECISION AND ORDER
ON MOTION


Motion for permission to proceed as a poor person.

Application for permission to appeal to this Court from order of Supreme Court dated April 10, 2012.

Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required by CPLR 8022 is waived, and it is further

ORDERED that the application for permission to appeal is referred to Justice Lahtinen, who makes the following decision: Application denied, without costs, as unnecessary. The order sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
PETERS, P.J., SPAIN, KAVANAGH, McCARTHY and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court