| JUDITH A. HORTON V JAMES E. HORTON |
| Motion No: CA 15-00423 |
| Slip Opinion No: 2015 NY Slip Op 68153(U) |
| Decided on March 24, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00423
| JUDITH A. HORTON, PLAINTIFF-RESPONDENT, V JAMES E. HORTON,
DEFENDANT-APPELLANT. |
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 entered in the Office of the Clerk of the County of Wayne on January 9, 2015,
Now, upon reading and filing the affidavit of James E. Horton sworn to February 5, 2015, 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 that includes, among other things, 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]).
Memorandum: Assignment of counsel is not available.
Entered: March 24, 2015
Frances E. Cafarell, Clerk