JAMES WYNN, SR., BROTHER OF AIP, CHARLES WYNN V LIFESPAN OF GREATER ROCHESTER, INC., AS GUARDIAN FOR AIP CHARLES WYNN
Motion No: NOS. CA 07-01460, CA 07-01461, CA 07-01462, AND CA 07-01463
Slip Opinion No: 2007 NYSlipOp 84663(U)
Decided on November 26, 2007
Appellate Division, Fourth 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.


November 26, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NOS. CA 07-01460, CA 07-01461, CA 07-01462, AND CA 07-01463

JAMES WYNN, SR., BROTHER OF AIP, CHARLES WYNN,

PLAINTIFF-APPELLANT,

V

LIFESPAN OF GREATER ROCHESTER, INC., AS GUARDIAN FOR AIP

CHARLES WYNN, DEFENDANT-RESPONDENT, ET AL., DEFENDANT.



LIFESPAN OF GREATER ROCHESTER, INC. AS GUARDIAN FOR CHARLES WYNN, PLAINTIFF-RESPONDENT,

V

JAMES WYNN, SR., DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 16, 2007, April 16, 2007, April 26, 2007, and April 24, 2007, for an extension of time to perfect the appeals, and for other relief,

Now, upon reading and filing the affidavit of James Wynn, Sr. sworn to

November 9, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Elizabeth A. Cordello sworn to November 19, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before December 26, 2007 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on all parties and the Monroe County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).

Entered: November 26, 2007

JoAnn M. Wahl, Clerk