| JOANN KASBY V ROBERT W. APPLEGATE |
| Motion No: CA 10-01580 |
| Slip Opinion No: 2011 NY Slip Op 72490(U) |
| Decided on May 5, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-01580
| JOANN KASBY, PLAINTIFF-APPELLANT, V ROBERT W. APPLEGATE,
DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 12, 2010,
Now, upon reading and filing the affidavit of Joann Kasby sworn to April 1, 2011, the notice of motion with proof of service thereof, and the affirmation of Christopher G. Todd, Esq. dated April 14, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed because the appeal was dismissed by the order of this Court entered August 16, 2010.
Entered: May 5, 2011
Patricia L. Morgan, Clerk