Summary
In Connolly v. White, 1904, 122 Iowa 391, 98 N.W. 144, Justice McClain recognized the distinction between malice resulting from personal ill will, sometimes termed "express" malice, and "legal" malice which may result from "malice in fact" or "malice in law".
Summary of this case from Kirtley v. Bankers Life Casualty CompanyOpinion
2012-10911 Index No. 2023/12 M151169
02-13-2013
The People, etc., ex rel. Antwand White, appellant, v. William J Connolly, etc., respondent.
, P.J.
REINALDO E. RIVERA
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated August 1, 2012, as a poor person.
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 the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 18, 2013.
ENG, P.J., RIVERA, DICKERSON and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court