| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK, DECEASED V ANTONIO HARRIS |
| Motion No: CA 09-02578 |
| Slip Opinion No: 2010 NY Slip Op 62084(U) |
| Decided on January 26, 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 09-02578
| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK,
DECEASED, PLAINTIFF-RESPONDENT, V ANTONIO HARRIS, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 29, 2009, and for a stay of enforcement of a judgment
Now, upon reading and filing the affidavit of Antonio Harris sworn to January 4, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks poor person relief be, and the same hereby is, denied, with leave to renew on or before February 24, 2010, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a], [c]).
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied as unavailable, and
It is further ORDERED that the motion that seeks a stay is denied pursuant to CPLR 5519.
Entered: January 26, 2010
Patricia L. Morgan, Clerk