Matter of Poblah v Fischer
Motion No: 2013-00143
Slip Opinion No: 2013 NY Slip Op 80064(U)
Decided on July 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159543

E/nl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2013-00143

In the Matter of Maurice Poblah, appellant,

v Brian Fischer, et al., respondents

(Index No. 4001/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to waive payment of the filing fee on an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated October 23, 2012, or, in effect, to withdraw the appeal if waiver of the filing fee is not granted.

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 to waive the filing fee is denied; and it is further,

ORDERED that the branch of the motion which is to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements.

RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court