| LENO W. GEE V M & T BANK, MARK HOGAN, AND CITIBANK |
| Motion No: CA 08-01598 |
| Slip Opinion No: 2008 NYSlipOp 81353(U) |
| Decided on August 21, 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, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 08-01598
| LENO W. GEE, PLAINTIFF-APPELLANT, V M & T BANK, MARK HOGAN, AND
CITIBANK, DEFENDANTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a decision of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 10, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of Leno W. Gee sworn to July 21, 2008, 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.
Memorandum: No appeal lies from a mere decision (see Kuhn v Kuhn, 129 AD2d 967 [1987]).
Entered: August 21, 2008
JoAnn M. Wahl, Clerk