| IN THE MATTER OF DAVID LORET V JAMES P. SMITH, NOAH M. LEBOWITZ, AND CHERYL DINOLFO |
| Motion No: CA 09-02054 |
| Slip Opinion No: 2009 NY Slip Op 87230(U) |
| Decided on October 26, 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 09-02054
| IN THE MATTER OF DAVID LORET, PETITIONER-APPELLANT, V JAMES P.
SMITH, NOAH M. LEBOWITZ, AND CHERYL DINOLFO, RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person and for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 17, 2009,
Now, upon reading and filing the affidavits of David M. Loret sworn to October 1, 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 25, 2009, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on the Monroe County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: October 26, 2009
Patricia L. Morgan, Clerk