| Matter of Jones v Annucci |
| Motion No: 2017-00521 |
| Slip Opinion No: 2017 NY Slip Op 74066(U) |
| Decided on May 17, 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
M230897
E/afa
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2017-00521 In the Matter of Michael Jones, appellant, v Anthony J. Annucci, etc., et al., respondents. (Index No. 233/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered November 22, 2016, as a poor person and for the assignment of 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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order appealed from does not affect a substantial right (see CPLR 5701[a][2][v]; Walter v Castrataro, 94 AD3d 872), and leave to appeal has not been granted; and it is further,
ORDERED that the motion denied as academic.
BALKIN, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court