| PATRICIA J. CURTO V PETER P. VASILION, JOHN DOE, JANE DOE AND BERKOWITZ & PACE, |
| Motion No: CA 09-00435 |
| Slip Opinion No: 2009 NYSlipOp 66991(U) |
| Decided on March 13, 2009 |
| 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 09-00435
| PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V PETER P. VASILION, JOHN
DOE, JANE DOE AND BERKOWITZ & PACE, ET AL., DEFENDANTS-RESPONDENTS. |
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 Erie on May 15, 2008, and for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Patricia J. Curto sworn to February 28, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before April 13, 2009, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on all parties and the Erie County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: March 13, 2009
JoAnn M. Wahl, Clerk