| DIANE SMITH V NIAGARA FALLS HOUSING AUTHORITY |
| Motion No: CA 09-02179 |
| Slip Opinion No: 2009 NY Slip Op 88355(U) |
| Decided on November 9, 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 09-02179
| DIANE SMITH, PLAINTIFF-APPELLANT, V NIAGARA FALLS HOUSING
AUTHORITY, DEFENDANT-RESPONDENT. |
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 Niagara on September 23, 2009, and for summary relief,
Now, upon reading and filing the affidavits of Diane Smith sworn to October 10, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Garvey sworn to November 4, 2009, 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 December 9, 2009, upon proof of service on the Niagara County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: November 9, 2009
Patricia L. Morgan, Clerk