| 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: 2008 NYSlipOp 66204(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, 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 renewed the motion for permission to proceed as a poor person on the appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 13, 2007, and having moved to vacate dismissal of the appeal,
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