Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M154466

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SYLVIA HINDS-RADIX, JJ.

2013-01294 In the Matter of Tyrone Houston, appellant, v G. Ter Bush, etc., respondent. (Index No. 12-639)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, entered November 21, 2012, as a poor person and for the assignment of counsel.

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 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 payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.

DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court