| MARY DORMAN V MARK R. DORMAN |
| Motion No: CA 09-01975 |
| Slip Opinion No: 2010 NY Slip Op 77487(U) |
| Decided on July 14, 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 09-01975
| MARY DORMAN, PLAINTIFF-RESPONDENT, V MARK R. DORMAN,
DEFENDANT-APPELLANT. |
Appellant having renewed the motion for permission to proceed as a poor person and having moved for an 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 Monroe on July 29, 2009,
Now, upon reading and filing the affidavits of Mark R. Dorman sworn to June 17, 2010, the notices of motion with proof of service thereof, the statement of Brett C. Granville, Esq. dated June 25, 2010, the affidavit of S. Gerald Davidson, Esq. sworn to June 28, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect is granted to the extent that the ordering paragraph of the order of this Court entered May 4, 2010 is hereby amended by deleting the date July 6, 2010 and inserting in its place the date September 13, 2010, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied.
Memorandum: Appellant failed to file a timely affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: July 14, 2010
Patricia L. Morgan, Clerk