Great American E&S Insurance Company v Commack Hotel, LLC
Motion No: 2019-13798
Slip Opinion No: 2020 NY Slip Op 67205(U)
Decided on June 17, 2020
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271390

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2019-13798

Great American E & S Insurance Company,

respondent, v Commack Hotel, LLC, etc.,

et al., defendants, Stanley Davis, etc.,

appellant.

(Index No. 615088/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 21, 2019. Motion by the appellant pro se for leave to prosecute the appeal as a poor person. Separate motion by the appellant, inter alia, in effect, for summary reversal. Separate motion by the appellant, inter alia, for leave to appeal to the Court of Appeals from a decision and order on motion of this Court dated May 8, 2020.

Upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion, inter alia, in effect, for summary reversal and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, for leave to appeal to the Court of Appeals and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to prosecute the appeal as a poor person is granted to the extent that 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 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 the motion is otherwise denied; and it is further,

ORDERED that the motion, inter alia, in effect, for summary reversal is denied; and it is further,

ORDERED that the motion, inter alia, for leave to appeal to the Court of Appeals is denied.

RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court