| IRIC BURTON V DR. ANDREW C. MATTELIANO, - . |
| Motion No: CA 11-02538 |
| Slip Opinion No: 2012 NY Slip Op 69925(U) |
| Decided on April 5, 2012 |
| 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 11-02538
| IRIC BURTON, PLAINTIFF-APPELLANT, V DR. ANDREW C. MATTELIANO,
DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
Appellant having moved for permission to proceed as a poor person and for 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 Erie on September 2, 2011,
Now, upon reading and filing the affirmation Frank S. Falzone, Esq., dated March 19, 2012, the affidavit of Iric Burton sworn to March 16, 2012, the notice of motion with proof of service thereof, and the affidavit of Mark R. Affronti, Esq., sworn to March 23, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot because the appeal is already perfected.
Entered: April 5, 2012
Frances E. Cafarell, Clerk