Opinion
Motion No: 516918
07-12-2013
DECISION AND ORDER ON MOTION
Motion to dismiss appeal as frivolous.
Motion for permission to proceed as a poor person and for assigned counsel.
Upon the papers filed in support of the motions and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied, without costs, and without prejudice to the issue involved being raised upon argument of the appeal, and it is further
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fees required by CPLR 8022 are waived, and it is further
ORDERED that the motion for assignment of counsel is denied, without costs.
ROSE, J.P., LAHTINEN, STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court