CARL V. STEWART V T.G.R. ENTERPRISES, INC., ROBERT R. REESE, AND CHRISTINA BOYD
Motion No: CA 12-00800
Slip Opinion No: 2012 NY Slip Op 74216(U)
Decided on May 24, 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.


May 24, 2012

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

DOCKET NO. CA 12-00800

CARL V. STEWART, PLAINTIFF-APPELLANT,

V

T.G.R. ENTERPRISES, INC.,

ROBERT R. REESE, AND CHRISTINA BOYD,

DEFENDANTS-RESPONDENTS.


Appellant having moved for permission to file and serve a late notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 2, 2011, and having moved for permission to proceed as a poor person,

Now, upon reading and filing the affidavits of Carl V. Stewart sworn to March 23, 2012, the notice of motion with proof of service thereof, and the affirmation of Christopher R. Poole, Esq., dated May 10, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to file and serve a late notice of appeal is denied, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed.

Entered: May 24, 2012

Frances E. Cafarell, Clerk