| EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI |
| Motion No: CA 15-01053 |
| Slip Opinion No: 2015 NY Slip Op 78185(U) |
| Decided on June 29, 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 15-01053
| EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL
GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI SOUTHERN, INFANT, DECEASED, PLAINTIFF-APPELLANT, V SENZAN HSU, M.D.,
DEFENDANT-RESPONDENT, VICTOR C. MONEKE, M.D., DEFENDANT, AND CHILDREN'S HOSPITAL OF BUFFALO OF KALEIDA HEALTH,
DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and for 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 Erie on April 9, 2015,
Now, upon reading and filing the affidavit of Eartha C. Southern sworn to June 10, 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, 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: June 29, 2015
Frances E. Cafarell, Clerk