WILLIAM U. O'NEILL V DEBRA O'NEILL
Motion No: CA 08-02169
Slip Opinion No: 2008 NYSlipOp 91616(U)
Decided on December 3, 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.


December 3, 2008

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

DOCKET NO. CA 08-02169

WILLIAM U. O'NEILL, PLAINTIFF-RESPONDENT,

V

DEBRA O'NEILL, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 24, 2008, and for a stay of proceedings to enforce the judgment pending determination of the appeal,

Now, upon reading and filing the affirmation of Maureen A. Pineau dated October 18, 2008, the affidavit of Debra J. O'Neill sworn to July 30, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Robert W. Wood dated October 31, 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 (see Crumb v Rodgers, 234 AD2d 1015 [1996]).

Entered: December 3, 2008

JoAnn M. Wahl, Clerk