Eugenia Pinkard v NYC Department of Education et al.

Motion No: M-5743

Slip Opinion No: 2018 NYSlipOp 62207(U)

Decided on January 25, 2018

Appellate Division, First 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.

January 25, 2018

Eugenia Pinkard,

Plaintiff-Appellant,

v

NYC Department of Education, et al.,

Defendants-Respondents.

Plaintiff-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, New York County, entered on or about August 15, 2017, for leave to have said appeal heard on the original record and upon a reproduced appellant's brief, and to "seal" the record on appeal, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent

of directing plaintiff to proceed with the appeal taken from the aforesaid order entered on or about August 15, 2017, only insofar as said order denied plaintiff's motion to renew. So much of the motion which seeks poor person relief is denied, with leave to renew, if so advised, upon submission of a notarized affidavit in compliance with CPLR 1101, setting forth plaintiff's income, expenses and assets. So much of the motion which seeks to "seal" the record on appeal is denied without prejudice to a stipulation between the parties with respect to information subject to redaction pursuant to 22 NYCRR 202.5(e). ENTERED: January 25, 2018

_____________________ CLERK

Present: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-5743

Index No. 101971/15