Appellate Division: Second Judicial Department

M174613

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2012-11394, 2014-03287 Michelle Rouse Williams, respondent, v Donnie Williams, appellant. (Index No. 50616/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for poor person relief and the assignment of counsel on appeals from a decision of the Supreme Court, Richmond County, dated September 25, 2012, and a judgment of the same court dated March 18, 2013. Cross motion by the respondent to dismiss the appeals as untimely taken.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is to dismiss the appeal from the decision is denied as unnecessary as an appeal taken by the appellant from the decision, by notice of appeal dated October 25, 2012, was dismissed by decision and order on motion of this Court dated May 7, 2013, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and the appeal taken by the appellant from the decision, by notice of appeal dated February 7, 2014, is duplicative of that appeal and is therefore a nullity; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the judgment is granted and that appeal is dismissed, without costs or disbursements, as untimely taken (see CPLR 5513[a]); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., LOTT, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court