Appellate Division: Second Judicial Department

M257648

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-12091, 2018-12092 Teddy Moore, appellant, v Frank Guerra, defendant, City of New York, et al., respondents. (Index No. 4895/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Kings County, dated June 15, 2018, and October 4, 2018, respectively, in effect, for summary reversal of the order dated June 15, 2018, or, in the alternative, for leave to prosecute the appeals as a poor person.

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 from the order dated October 4, 2018, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated October 4, 2018, as a poor person is denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated June 15, 2018, on the original papers is granted, and that 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 an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court