Rose v Pechters Baking Group, Inc.
Motion No: 2020-09644
Slip Opinion No: 2021 NY Slip Op 66647(U)
Decided on May 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M277190

E/sl

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

BETSY BARROS

PAUL WOOTEN, JJ.

2020-09644

Wayne Rose, appellant, v Pechters Baking

Group, Inc., et al., defendants, Michael G.

Andreaccico, respondent.

(Index No. 9277/2014)

DECISION & ORDER ON MOTION

Appeal from a determination to decline to sign a proposed judgment which determination was made by the Supreme Court, Kings County, on February 14, 2020. Motion by the appellant, inter alia, for leave to prosecute the appeal 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 is dismissed, without costs or disbursements, as a determination to decline to sign a proposed judgment is not an appealable paper (see CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

LASALLE, P.J., CHAMBERS, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court