| Matter of Lorusso v Fischer |
| Motion No: 2013-01458 |
| Slip Opinion No: 2013 NY Slip Op 72442(U) |
| Decided on May 1, 2013 |
| 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
M155594
E/nl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2013-01458 In the Matter of Joseph Lorusso, appellant, v Brian Fischer, etc., respondent.
(Index No. 3943/12)
| DECISION & ORDER ON MOTION |
Motion by Joseph Lorusso for leave to appeal to this Court from an order of the Supreme Court, Dutchess County, dated January 3, 2013, and for poor person relief.
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 appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the 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 poor person relief is denied.
DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court