IN THE MATTER OF FRANKLIN ANGE V MAGGIE BROOKS, COUNTY EXECUTIVE MONROE COUNTY (Index No. 12/11763.)
Motion No: CA 13-01874
Slip Opinion No: 2013 NY Slip Op 93031(U)
Decided on December 4, 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.


December 4, 2013

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

DOCKET NO. CA 13-01874

IN THE MATTER OF FRANKLIN ANGE, PETITIONER-APPELLANT,

V

MAGGIE BROOKS, COUNTY EXECUTIVE MONROE COUNTY,

RESPONDENT-RESPONDENT.

(Index No. 12/11763.)


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 July 31, 2013,

Now, upon reading and filing the affidavit of Franklin Ange dated September 23, 2013, the notice of motion with proof of service thereof, and the statement of Alecia J. Mazzo, Esq., dated October 8, 2013, 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 the account balance in appellant's inmate account and whether appellant is married and has any additional funds due to spousal income (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]).

Entered: December 4, 2013

Frances E. Cafarell, Clerk