DEBRA GRAYSON, AS ADMINISTRATOR OF THE ESTATE OF SHARON DENISE BUTLER, DECEASED V MARK D. DIADDARIO
Motion No: CA 12-00285
Slip Opinion No: 2012 NY Slip Op 88781(U)
Decided on October 23, 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.


October 23, 2012

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

DOCKET NO. CA 12-00285

DEBRA GRAYSON, AS ADMINISTRATOR OF THE ESTATE OF

SHARON DENISE BUTLER, DECEASED, PLAINTIFF-APPELLANT,

V

MARK D. DIADDARIO, DEFENDANT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person, to expedite the appeal, and to stay the trial in Supreme Court pending this Court's hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 20, 2012,

Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated September 24, 2012, the affidavit of Debra Grayson sworn to September 21, 2012, the notice of motion with proof of service thereof, and the affirmation of Leo T. Fabrizi, Esq., dated September 27, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 23, 2012

Frances E. Cafarell, Clerk