IN THE MATTER OF MICHAEL TOPOLSKI V MARY I. JUMBELIC, M.D.,
Motion No: CA 08-01919
Slip Opinion No: 2008 NYSlipOp 83917(U)
Decided on September 22, 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 22, 2008

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

DOCKET NO. CA 08-01919

IN THE MATTER OF MICHAEL TOPOLSKI, PETITIONER-APPELLANT,

V

MARY I. JUMBELIC, M.D., ET AL., RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to proceed as a poor person on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 6, 2008, and for assignment of counsel,

Now, upon reading and filing the affidavits of Michael R. Topolski sworn to August 14, 2008 and September 10, 2008, the notice of motion with proof of service thereof, 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: Assignment of counsel is not available.

Entered: September 22, 2008

JoAnn M. Wahl, Clerk