| CASSANDRA COLBY V JAMES COLBY |
| Motion No: CA 10-00405 |
| Slip Opinion No: 2010 NY Slip Op 65179(U) |
| Decided on March 3, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO., JJ.
DOCKET NO. CA 10-00405
| CASSANDRA COLBY, PLAINTIFF-RESPONDENT, V JAMES COLBY,
DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and the assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 19, 2009,
Now, upon reading and filing the affidavit of James Colby sworn to April 3, 2009, the affirmation of Bernadette M. Hoppe filed February 5, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that includes both an affidavit of appellant setting forth in detail his current gross income, assets and financial obligations, and proof of service on all parties and the Erie County Attorney.
Entered: March 3, 2010
Patricia L. Morgan, Clerk