CLEMATINE BRONSON, INDIVIDUALLY AND AS PROPOSED EXECUTOR OF THE ESTATE OF CLIFFORD B. BRONSON, SR., DECEASED V JANE S.
Motion No: CA 08-01811
Slip Opinion No: 2008 NYSlipOp 88296(U)
Decided on October 31, 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.


October 31, 2008

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

DOCKET NO. CA 08-01811

CLEMATINE BRONSON, INDIVIDUALLY AND AS PROPOSED EXECUTOR OF

THE ESTATE OF CLIFFORD B. BRONSON, SR., DECEASED,

PLAINTIFF-APPELLANT,

V

JANE S. BENNETT, M.D.,

AND BORG IMAGING GROUP, LLP, DEFENDANTS-RESPONDENTS.


Appellant having renewed the motion 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 Monroe on August 5, 2008,

Now, upon reading and filing the affidavit of Clematine Bronson sworn to August 27, 2008, the addendum dated October 4, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Elizabeth A. Talia dated October 17, 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]; 22NYCRR 1000.14 [a]).

Entered: October 31, 2008

JoAnn M. Wahl, Clerk