| LISA DISTIN V DENNIS M. DISTIN |
| Motion No: CA 10-00572 |
| Slip Opinion No: 2010 NY Slip Op 65915(U) |
| Decided on March 16, 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 10-00572
| LISA DISTIN, PLAINTIFF-RESPONDENT, V DENNIS M. DISTIN,
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 Oswego on October 6, 2009,
Now, upon reading and filing the affidavit of Dennis M. Distin sworn to February 1, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Richard C. Mitchell sworn to February 12, 2010, 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 an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained, and proof of service on all parties and the County Attorney in which the action was tried (see CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: March 16, 2010
Patricia L. Morgan, Clerk