IN THE MATTER OF CHRISTOPHER YOUNG V MONROE COUNTY CLERKS OFFICE AND CHERYL DINOLFO
Motion No: CA 08-01255
Slip Opinion No: 2008 NYSlipOp 75243(U)
Decided on June 17, 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.


June 17, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-01255

IN THE MATTER OF CHRISTOPHER YOUNG, PETITIONER-APPELLANT,

V

MONROE COUNTY CLERKS OFFICE AND CHERYL DINOLFO,

RESPONDENTS-RESPONDENTS.


Petitioner having moved for permission to proceed as a poor person and for permission to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 14, 2008,

Now, upon reading and filing the affidavits of Christopher Young sworn to March 28, 2008 and March 29, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Matthew J. Clark dated April 7, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and the motion is otherwise denied.

Memorandum: The motion is denied insofar as it seeks leave to appeal because an appeal lies as of right. Petitioner has 30 days from service of our order with notice of entry to file and serve a notice of appeal (see CPLR 5514 [a]; Matter of Sawma v Bane, 197 AD2d 938 [1993], appeal dismissed 82 NY2d 882 [1993], rearg denied 83 NY2d 846, 1001 [1994]).

Entered: June 17, 2008

JoAnn M. Wahl, Clerk