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

DOCKET NO. CA 14-01928

AFTERMATH RESTORATION, INC., PLAINTIFF, V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, ALBERT F. STAGER, INC., DEFENDANTS-RESPONDENTS, DAVID DALE, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person, an extension of time to perfect the appeal, for the Justices of this Court to recuse themselves from the appeal and to transfer the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 3, 2014,

Now, upon reading and filing the affidavit of David Dale sworn to February 9, 2015, the notice of motion with proof of service thereof, and the affidavit of Steven P. Curvin, Esq., sworn to February 18, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied, without prejudice to a new motion that includes, among other things, an affidavit setting forth appellant's assets from all sources and the method by which appellant supports himself and meets his financial obligations, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before May 5, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is otherwise denied.

Entered: March 6, 2015

Frances E. Cafarell, Clerk