| Matter of Dorsey v NYS Department of Corrections |
| Motion No: 2021-02372 |
| Slip Opinion No: 2021 NY Slip Op 66159(U) |
| Decided on May 17, 2021 |
| 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
M277120
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2021-02372 In the Matter of Leroy Dorsey, petitioner, v NYS Department of Corrections, et al., respondents. (Index No. 1397/2019)
| DECISION & ORDER ON MOTION |
Motion by Leroy Dorsey for leave to appeal to this Court from a judgment of the Supreme Court, Dutchess County, dated December 2, 2020, to prosecute the appeal 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 the branch of the motion which is for leave to appeal is denied as unnecessary since the judgment is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel is denied, without prejudice to renew after filing a timely notice of appeal (see CPLR 5513, 5514).
DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court