Dorothy Greene v Peter Pruess & Chiara Kimmel
Motion No: 2010-03187 pc
Slip Opinion No: 2011 NY Slip Op 65723(U)
Decided on February 24, 2011
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

JOHN R. LaCAVA, JJ.

DECISION & ORDER ON MOTION

2010-3187 P C
Dorothy Greene, Appellant, v Peter Pruess and Chiara Kimmel, Respondents.

Motion by appellant for leave to prosecute an appeal from a judgment of the Justice Court of the Town of Putnam Valley, Putnam County, entered October 25, 2010, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that branch of the motion seeking the assignment of counsel is denied; and it is further,

ORDERED that the branch of the motion seeking poor person relief is denied without prejudice to renewal upon a showing of merit to the appeal by setting forth the "nature of the action [and] sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a]).

ENTER:

John R. LaCava

Associate Justice