| ALLEN GRANT BOYAR V ERIE COUNTY MEDICAL CENTER |
| Motion No: NOS. CA 06-03535, CA 06-03536, AND CA 06-03537 |
| Slip Opinion No: 2007 NYSlipOp 84700(U) |
| Decided on November 28, 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 NOS. CA 06-03535, CA 06-03536, AND CA 06-03537
| ALLEN GRANT BOYAR, PLAINTIFF-APPELLANT, V ERIE COUNTY
MEDICAL CENTER, DEFENDANT-RESPONDENT. |
Appellant having renewed the motion 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 Erie on April 25, 2001, May 24, 2006, and October 17, 2006, and to vacate dismissal of the appeals,
Now, upon reading and filing the affidavit of Allen Grant Boyer sworn to
October 17, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Ruthanne Wannop sworn to November 1, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as untimely with respect to the appeals from the orders entered May 25, 2001 (Docket No.
CA 06-03535) and May 24, 2006 (Docket No. CA 06-03536) and the motion is otherwise denied.
Memorandum: Appellant has failed to set forth facts demonstrating merit to his appeal from the order entered October 17, 2006, as required by CPLR 1101 (a) and 22 NYCRR 1000.13 (g) and 1000.14 (a).
Entered: November 28, 2007
JoAnn M. Wahl, Clerk