| AFTERMATH RESTORATION, INC. V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, ALBERT F. STAGER, INC. AND DAVID DALE |
| Motion No: 378-16 |
| Slip Opinion No: 2016 NY Slip Op 79542(U) |
| Decided on July 1, 2016 |
| 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: CENTRA, J.P., CARNI, DEJOSEPH, CURRAN, AND SCUDDER, JJ.
MOTION NO. 378-16
DOCKET NO. CA 14-01928
| AFTERMATH RESTORATION, INC., PLAINTIFF, V NEW YORK CENTRAL
MUTUAL FIRE INSURANCE COMPANY, ALBERT F. STAGER, INC., DEFENDANTS-RESPONDENTS, AND DAVID DALE,
DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person, reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 29, 2016,
Now, upon reading and filing the affidavit of David Dale sworn to June 9, 2016, the notice of motion with proof of service thereof, and the affidavit of Steven P. Curvin, Esq., sworn to June 15, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks poor person relief is denied on the ground that the motion failed to include an affidavit setting forth the amount and sources of appellant's income (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1], [2], and
It is further ORDERED that the motion insofar as it seeks reargument or leave to appeal to the Court of Appeals is dismissed on the ground that appellant does not have permission to proceed as a poor person and did not pay the requisite filing fee (see CPLR 8022; 22 NYCRR 1000.13 [a] [5] [v]).
Entered: July 1, 2016
Frances E. Cafarell, Clerk