MARY DORMAN V MARK R. DORMAN
Motion No: CA 09-01975
Slip Opinion No: 2009 NY Slip Op 85850(U)
Decided on October 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.


October 13, 2009

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

DOCKET NO. CA 09-01975

MARY DORMAN, PLAINTIFF-RESPONDENT,

V

MARK R. DORMAN, DEFENDANT-APPELLANT.


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 Monroe on July 29, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of Mark Dorman sworn to September 21, 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 November 13, 2009, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on plaintiff's attorney and the Monroe County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).

Entered: October 13, 2009

Patricia L. Morgan, Clerk