| GERALD SCHMITT V SANDRA SCHMITT GERALD SCHMITT V SANDRA SCHMITT (APPEAL NO. 2.) GERALD SCHMITT V SANDRA SCHMITT |
| Motion No: CA 12-01487 |
| Slip Opinion No: 2012 NY Slip Op 91072(U) |
| Decided on November 21, 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 12-01487
DOCKET NO. CA 12-01488
DOCKET NO. CA 12-01489
DOCKET NO. CA 12-01490
| GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA
SCHMITT, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA SCHMITT,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA SCHMITT,
DEFENDANT-RESPONDENT. (APPEAL NO. 3.) GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA SCHMITT,
DEFENDANT-RESPONDENT. (APPEAL NO. 4.) |
Respondent having moved to for permission to proceed as a poor person, for assignment of counsel and for an extension of time to file and serve a brief on the appeals taken herein from judgments and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 22, 2012 (appeal No. 1), May 11, 2012 (appeal No. 2), and July 13, 2012 (appeal Nos. 3 and 4),
Now, upon reading and filing the affidavits of Sandra Schmitt sworn to November 7, 2012, the notice of motion with proof of service thereof, and the affidavit of Gerald Schmitt sworn to November 13, 2012, 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 is denied, with leave to renew upon filing and serving 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] [2]), and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is granted on condition that the brief is filed and served on or before December 21, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before January 7, 2013.
Memorandum: Assignment of counsel is not available.
Entered: November 21, 2012
Frances E. Cafarell, Clerk