| LORI MARCERA V MICHAEL MARCERA |
| Motion No: CA 10-02433 |
| Slip Opinion No: 2011 NY Slip Op 68498(U) |
| Decided on March 25, 2011 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 10-02433
| LORI MARCERA, PLAINTIFF-APPELLANT, V MICHAEL MARCERA,
DEFENDANT-RESPONDENT. |
Respondent having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 3, 2010,
Now, upon reading and filing the affirmation of James S. Hinman, Esq. dated January 31, 2011, and 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 filing and service of a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained, setting forth the amount and sources of respondent's income, stating that respondent is unable to pay the costs, fees, and expenses necessary to respond to the appeal, and stating whether any other person is beneficially interested in any recovery sought and, if so, whether any such person is unable to pay costs, fees, and expenses (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: March 25, 2011
Patricia L. Morgan, Clerk