| DANIEL U. SCOTT V TONYA D. SAMMER, FORMERLY KNOWN AS TONYA C. SCOTT |
| Motion No: CA 13-00638 |
| Slip Opinion No: 2013 NY Slip Op 73185(U) |
| Decided on May 3, 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, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00638
| DANIEL U. SCOTT, PLAINTIFF-APPELLANT, V TONYA D.
SAMMER, FORMERLY KNOWN AS TONYA C. SCOTT, DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court, Erie County granted on January 17, 2013,
Now, upon reading and filing the affidavit of Tonya Scott sworn to March 27, 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: May 3, 2013
Frances E. Cafarell, Clerk