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: 2008 NYSlipOp 66203(U)
Decided on March 11, 2008
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.


March 11, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, 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 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 Monroe on April 16, 2007, April 16, 2007, April 26, 2007, and April 24, 2007, and having moved to vacate dismissal of the appeals,

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

February 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Paul F. Keneally sworn to March 5, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Memorandum: Appellant has failed to set forth "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]; see also 22 NYCRR 1000.13 [g]).

Entered: March 11, 2008

JoAnn M. Wahl, Clerk