MAUREEN WEAVER V RICHARD E. LANDES
Motion No: CA 09-02585
Slip Opinion No: 2009 NY Slip Op 93046(U)
Decided on December 29, 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 29, 2009

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

DOCKET NO. CA 09-02585

MAUREEN WEAVER, PLAINTIFF-RESPONDENT,

V

RICHARD E. LANDES, 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 Niagara on November 5, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of Richard E. Landes sworn to November 18, 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 January 28, 2010, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).

Entered: December 29, 2009

Patricia L. Morgan, Clerk