DEENA K. DIETRICH V TAKAKO MICHII
Motion No: CA 08-01536
Slip Opinion No: 2008 NYSlipOp 82914(U)
Decided on September 8, 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.


September 8, 2008

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

DOCKET NO. CA 08-01536

DEENA K. DIETRICH, PLAINTIFF-RESPONDENT,

V

TAKAKO MICHII, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 14, 2008,

Now, upon reading and filing the affidavit of Takako Michii sworn to August 6, 2008, the affidavit of Leslie Mark Greenbaum sworn to August 6, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Robert R. Radel sworn to September 5, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before September 15, 2008 upon proof of service on all parties and the Erie County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).

Entered: September 8, 2008

JoAnn M. Wahl, Clerk