| Matter of Smith v Fischer |
| Motion No: 2017-00241 |
| Slip Opinion No: 2017 NY Slip Op 66585(U) |
| Decided on March 8, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M227364
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY, JJ.
|
2017-00241 In the Matter of Jahmar Smith, appellant, v Brian Fischer, etc., respondent. (Index No. 1188/16)
| DECISION & ORDER ON MOTION |
Motion by Jahmar Smith for leave to appeal to this Court from a judgment of the Supreme Court, Dutchess County, dated October 24, 2016, and for poor person relief.
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 appeal is denied as unnecessary; and it is further,
ORDERED that on or before April 7, 2017, Jahmar Smith shall serve and file a notice of appeal and shall file proof of such filing with this Court (see CPLR 5514[a]); and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied.
DILLON, J.P., BALKIN, AUSTIN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court