IN THE MATTER OF DONNELL JEFFERSON V JOSHUA STUBBE
Motion No: CA 11-02452
Slip Opinion No: 2011 NY Slip Op 93916(U)
Decided on December 23, 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.


December 23, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 11-02452

IN THE MATTER OF DONNELL JEFFERSON, PETITIONER-APPELLANT,

V

JOSHUA STUBBE, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed and file a notice of appeal as a poor person and for other relief on the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 3, 2011,

Now, upon reading and filing the affidavits of Donnell Jefferson sworn to September 1, 2011, and November 3, 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 (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).

Entered: December 23, 2011

Frances E. Cafarell, Clerk