| MICHAEL MELENDEZ V JAMES L. BERBARY |
| Motion No: CA 10-00954 |
| Slip Opinion No: 2010 NY Slip Op 73833(U) |
| Decided on May 28, 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 10-00954
| MICHAEL MELENDEZ, PETITIONER-APPELLANT, V JAMES L. BERBARY,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person, assignment of counsel, and a 45-day extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 18, 2010,
Now, upon reading and filing the affidavit of Michael Melendez sworn to April 9, 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 to proceed as a poor person is denied, with leave to renew upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]), and
It is further ORDERED that appellant's motion insofar as it seeks a 45-day extension of time to perfect the appeal is dismissed as unnecessary at this time (see 22 NYCRR 1000.12), and
It is further ORDERED that appellant's motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available.
Entered: May 28, 2010
Patricia L. Morgan, Clerk