| FRANKLIN TATE V TIMOTHY L. BROWN |
| Motion No: CA 13-02003 |
| Slip Opinion No: 2014 NY Slip Op 73989(U) |
| Decided on June 2, 2014 |
| 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 13-02003
| FRANKLIN TATE, PLAINTIFF-APPELLANT, V TIMOTHY L.
BROWN, DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 31, 2013, and having moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated April 26, 2014, the affidavit of Frank Tate sworn to April 24, 2014, the notice of motion with proof of service thereof, and the affirmation of Hilary C. Banker, Esq., dated May 5, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion dismissed as moot.
Entered: June 2, 2014
Frances E. Cafarell, Clerk