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

DOCKET NO. CA 15-01313

DONTIE S. MITCHELL, PLAINTIFF-APPELLANT, V WOODS OVIATT GILMAN, LLP AND WILLIAM G. BAUER, DEFENDANTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 12, 2015, and having moved for this appeal to be heard the same day as the appeals scheduled to be heard January 19, 2016,

Now, upon reading and filing the affidavit of Dontie S. Mitchell sworn to November 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 insofar as it seeks permission to proceed as a poor person 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]), and

It is further ORDERED that motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion insofar as it seeks a calendar preference is dismissed without prejudice to a motion for the same relief once the appeal is perfected.

Entered: November 30, 2015

Frances E. Cafarell, Clerk