Opinion
Motion No. 2023-02153 Index No. 945/2021
05-26-2023
In the Matter of Jeffrey Miller, petitioner, v. Thomas McGuinness, etc., respondent.
Unpublished Opinion
MOTION DECISION
M289191 AFA/
ANGELA G. IANNACCI, J.P. LARA J. GENOVESI WILLIAM G. FORD LILLIAN WAN, JJ.
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.