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

DOCKET NO. CA 09-00220

IRIC BURTON, PLAINTIFF-APPELLANT, V ADRIENNE Y. PORTER, DEFENDANT-RESPONDENT.

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 Niagara on April 1, 2008, and for an extension of time to perfect the appeal, and respondent having cross-moved to dismiss the appeal on the ground that the order is not appealable,

Now, upon reading and filing the affidavit of Iric Burton sworn to January 26, 2009, the affirmation of Louis Rosado dated January 26, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Victor M. Wright sworn to February 9, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Louis Rosado dated February 5, 2009, and due deliberation having been thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and appellant shall perfect the appeal as a poor person on or before April 24, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the cross motion be, and the same hereby is, denied.

Entered: February 25, 2009

JoAnn M. Wahl, Clerk