Appellate Division: Second Judicial Department

M142521

E/ct

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-06344 In the Matter of Miguel Berroa, appellant, v Kathleen M. Rice, etc., respondent. (Index No. 12546/11)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this Court from a judgment of the Supreme Court, Nassau County, entered May 3, 2012, and, in effect, for summary reversal and poor person relief.

Upon the papers filed in support of the motion and the papers filed in opposition 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 the petitioner's moving papers are deemed to constitute a timely notice of appeal; 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, for free transcripts, and, in effect, for summary reversal are denied.

FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court