FRANCES A. MARIGLIO V BERTHEL FISHER & COMPANY FINANCIAL SERVICES, INC. AND THOMAS J. BERTHEL
Motion No: CA 14-02021
Slip Opinion No: 2014 NY Slip Op 93206(U)
Decided on December 11, 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.


December 11, 2014

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

DOCKET NO. CA 14-02021

FRANCES A. MARIGLIO, PLAINTIFF-APPELLANT,

V

BERTHEL FISHER & COMPANY FINANCIAL SERVICES, INC. AND

THOMAS J. BERTHEL, 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 Erie on June 26, 2014,

Now, upon reading and filing the affirmation of Joanne A. Schultz, Esq., dated October 20, 2014, the affidavit of Frances Mariglio sworn to October 14, 2014, 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 on the ground that the facts set forth by appellant fail to demonstrate that she is unable to pay the costs, fees and expenses necessary to prosecute the appeal.

Entered: December 11, 2014

Frances E. Cafarell, Clerk