Appellate Division: Second Judicial Department

M83437

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-01119 Cheryl Uzamere, appellant, v Senator Ehigie Edobor Uzamere, respondent. (Index No. 26332/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated January 12, 2009, for leave to prosecute the appeal as a poor person, including waiver of the filing fee and permission to perfect the appeal on the original papers, "to declare that the . . . [r]espondent has defaulted," or, in the event that a default is not declared, among other things, to direct the respondent to submit to DNA testing and enjoin all further proceedings in the above-entitled matter until the respondent submits a certain affidavit.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person, including waiver of the filing fee and permission to perfect the appeal on the original papers, is denied with leave to renew on or before April 20, 2009, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that the branch of the motion which is "to declare that the . . . [r]espondent has defaulted," or, in the event that a default is not declared, among other things, to direct the respondent to submit to DNA testing and enjoin all further proceedings in the above-entitled matter until the respondent submits a certain affidavit is denied.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court