| ANN TOWNE, - AND GEORGE W. TOWNE V DAVID E. BURNS, M.D., AND GENESEE SURGICAL ASSOCIATES, P.C. |
| Motion No: CA 13-00420 |
| Slip Opinion No: 2013 NY Slip Op 70077(U) |
| Decided on April 9, 2013 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-00420
| ANN TOWNE, PLAINTIFF-APPELLANT AND GEORGE W. TOWNE,
PLAINTIFF, V DAVID E. BURNS, M.D., AND GENESEE SURGICAL ASSOCIATES, P.C.,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 23, 2013,
Now, upon reading and filing the affirmation of David L. Murphy, Esq., the affidavit of Ann Towne sworn to February 28, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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]).
Entered: April 9, 2013
Frances E. Cafarell, Clerk