| IN THE MATTER OF JOHN D. JUSTICE V TERRY KING |
| Motion No: CA 08-01248 |
| Slip Opinion No: 2008 NYSlipOp 91708(U) |
| Decided on December 10, 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, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01248
| IN THE MATTER OF JOHN D. JUSTICE, PETITIONER-RESPONDENT, V TERRY
KING, RESPONDENT-APPELLANT. |
Respondent 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 April 15, 2008, and to dismiss the appeal on the ground that he has not been served copies of prior orders with notice of entry,
Now, upon reading and filing the affidavit of John D. Justice sworn to October 20, 2008, the notice of motion with proof of service thereof, the opposing affirmation of James D. Donathen dated November 20, 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.
Entered: December 10, 2008
JoAnn M. Wahl, Clerk