Matter of Alexander v Heath
Motion No: 2012-06236
Slip Opinion No: 2014 NY Slip Op 65436(U)
Decided on March 4, 2014
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

M170511

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-06236

In the Matter of Derrick Alexander, appellant,

v Philip Heath, etc., respondent.

(Index No. 12-139)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to waive the filing fee on an appeal from a judgment of the Supreme Court, Westchester County, entered May 11, 2012.

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 motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.4[a][2],[4]) and prior order of the Court.

ENG, P.J., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court