| Matter of Miller v McGuinness |
| Motion No: 2023-02153 |
| Slip Opinion No: 2023 NY Slip Op 67648(U) |
| Decided on May 26, 2023 |
| 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
M289191
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
WILLIAM G. FORD
LILLIAN WAN, JJ.
|
2023-02153 In the Matter of Jeffrey Miller, petitioner, v Thomas McGuinness, etc., respondent. (Index No. 945/2021)
| DECISION & ORDER ON MOTION |
Motion by Jeffrey Miller for leave to appeal to this Court from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated June 15, 2022, and 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 the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order and judgment is appealable as of right (see CPLR 7011); and it is further,
ORDERED that the branch of the motion for poor person relief and the assignment of counsel is denied without prejudice to renew upon the filing of a timely notice of appeal (see CPLR 5513, 5514).
IANNACCI, J.P., GENOVESI, FORD and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court