| JOHN MOODY, V SVETLANA SOROKINA, . |
| Motion No: CA 07-02391 |
| Slip Opinion No: 2007 NYSlipOp 85433(U) |
| Decided on December 4, 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 07-02391
| JOHN MOODY, PLAINTIFF-APPELLANT-RESPONDENT, V SVETLANA
SOROKINA, DEFENDANT-RESPONDENT-APPELLANT. |
Respondent-appellant having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on August 20, 2007, on the ground, inter alia, that appellant-respondent is not aggrieved by the order, and for permission to proceed as a poor person on the cross appeal,
Now, upon reading and filing the affidavit of Svetlana Sorokina sworn to
November 13, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied insofar as it seeks to dismiss the appeal, and the motion is otherwise denied with leave to renew on or before January 4, 2008 upon proof of service on all parties and the Jefferson County Attorney (see CPLR 1101 [c]; 22 NYCRR 1000.14 [a] [3]).
Entered: December 4, 2007
JoAnn M. Wahl, Clerk