| JAMIE M. GREENE V CHARLES W. GREENE |
| Motion No: CA 09-02571 |
| Slip Opinion No: 2010 NY Slip Op 60894(U) |
| Decided on January 5, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02571
| JAMIE M. GREENE, PLAINTIFF-RESPONDENT, V CHARLES W. GREENE,
DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on October 30, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Charles Greene sworn to December 15, 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 February 4, 2010, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on all parties and the Cattaraugus County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: January 5, 2010
Patricia L. Morgan, Clerk