| Matter of Fusco v Callagy |
| Motion No: 2021-07708 |
| Slip Opinion No: 2022 NY Slip Op 61711(U) |
| Decided on February 14, 2022 |
| 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
M281482
AFA/
ROBERT J. MILLER, J.P.
JOSEPH J. MALTESE
JOSEPH A. ZAYAS
WILLIAM G. FORD, JJ.
|
2021-07708 In the Matter of Christopher Fusco, appellant, v Paul Callagy, etc., et al., respondents. (Index No. 703/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated September 13, 2021. Motion by the appellant pro se for leave 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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the appellant's motion is denied as academic.
MILLER, J.P., MALTESE, ZAYAS and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court