Drake v. Horan , 259 A.D. 745 ( 1940 )

In view of the decision of this court on Motion No. 72 (Commissioner of Public Welfare of City of New York [Kaplan] v. Drake),^* made on January 22, 1940, granting the motion of the petitioner herein for leave to appeal as a poor person, he is entitled to perfect and prosecute the appeal without making the statutory deposit of $100. (See Civ. Prae. Act, § 558.) This appeal, therefore, is dismissed, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.