| JAMES WYNN, SR., BROTHER OF AIP, CHARLES WYNN V STEPHEN D. ROGOFF, ESQ UNDERBERG & KESSLER LLP AND PAUL F. KENEALLY |
| Motion No: CA 07-01459 |
| Slip Opinion No: 2007 NYSlipOp 84664(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01459
| JAMES WYNN, SR., BROTHER OF AIP, CHARLES WYNN,
PLAINTIFF-APPELLANT, V STEPHEN D. ROGOFF, ESQ, DEFENDANT, UNDERBERG & KESSLER LLP AND PAUL F. KENEALLY, ESQ.,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 13, 2007, for an extension of time to perfect the appeal, and for other relief,
Now, upon reading and filing the affidavit of James Wynn, Sr. sworn to
November 7, 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