Appellate Division: Second Judicial Department

M201111

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-08367 In the Matter of Michael Colon, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 715/15)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated August 13, 2015, as a poor person and for the assignment of Robert S. Dean of the Center for Appellate Litigation as appellate counsel.

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 for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see CPLR 1101[e]); and it is further,

ORDERED that the branch of the motion which is for the assignment of Robert S. Dean of the Center for Appellate Litigation as appellate counsel is denied without prejudice to that attorney appearing pro bono; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court