MATTER OF TRACI L. ANSON V JOHN D. FODORA
Motion No: CAF 08-02525
Slip Opinion No: 2009 NYSlipOp 69802(U)
Decided on April 14, 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.


April 14, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 08-02525
DOCKET NO. F-745-06/07C

MATTER OF TRACI L. ANSON, PETITIONER-RESPONDENT,

V

JOHN D. FODORA, RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Oswego County, entered in the Office of the Clerk of said Court on February 1, 2008,

Now, upon reading and filing the affidavit of John D. Fodora, sworn to March 26, 2009, the statement of Eric Tohtz, Esq., dated March 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 is denied with leave to renew upon the submission of a new motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: April 14, 2009

PATRICIA L. MORGAN, Deputy Clerk