Appellate Division: Second Judicial Department

M198783

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2015-05325 Joseph F. Sadowski, plaintiff, v W. David Harmon, defendant; Andrew Polin, nonparty-respondent. (Index No. 4441/13)

DECISION & ORDER ON MOTION

Motion by Joseph F. Sadowski, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated May 26, 2015, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, for permission to commence a proceeding pursuant to CPLR article 78, and for poor person relief.

Upon the papers filed in support of the motion and the papers filed in opposition 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 Joseph F. Sadowski shall serve and file a notice of appeal in accordance with CPLR 5514(a); and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied with leave to renew after the notice of appeal is served and filed; and it is further,

ORDERED that the branch of the motion which is for permission to commence a proceeding pursuant to CPLR article 78 is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court