Michael Walton v Bank of America Na

Motion No: 516531

Slip Opinion No: 2013 NY Slip Op 78225(U)

Decided on June 25, 2013

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: June 25, 2013516531

MICHAEL WALTON, Plaintiff, v BANK OF AMERICA, NA, Defendant.

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, Ulster County, dated March 14, 2013.

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 Spain, 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]).
STEIN, J.P., SPAIN, McCARTHY and EGAN JR., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court