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

DOCKET NO. CA 11-02436

KIMBERLY A. SARAKOS, PLAINTIFF-APPELLANT, V MICHAEL T. RAO, DEFENDANT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person, assignment of counsel and 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 Onondaga on August 12, 2011,

Now, upon reading and filing the affidavits of Kimberly A. Sarakos sworn to December 5, 2011, and December 12, 2011, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel 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]), and

It is further ORDERED that the motion insofar as it seeks to extend the time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered December 21, 2011, is hereby amended by deleting the date February 21, 2012, and inserting in its place the date April 23, 2012.

Entered: January 24, 2012

Frances E. Cafarell, Clerk