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 90801(U)
Decided on December 8, 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.


December 8, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, CENTRA, AND FAHEY, 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 renewed the motion 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 November 12, 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, granted, and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.

Entered: December 8, 2009

Patricia L. Morgan, Clerk