| IN THE MATTER OF THE APPLICATION OF BRITTANY JEAN STANFORD FOR LEAVE TO ASSUME THE NAME OF BENJAMIN ARIK STANFORD. |
| Motion No: CA 16-01100 |
| Slip Opinion No: 2016 NY Slip Op 80340(U) |
| Decided on July 20, 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: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
DOCKET NO. CA 16-01100
| IN THE MATTER OF THE APPLICATION OF BRITTANY JEAN STANFORD,
PETITIONER-APPELLANT, FOR LEAVE TO ASSUME THE NAME OF BENJAMIN ARIK STANFORD. |
Petitioner-appellant having moved for permission to proceed as a poor person 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 March 10, 2016,
Now, upon reading and filing the affirmation of Laurie Styka Bloom, Esq., dated June 27, 2016, the affidavit of Brittany Jean Stanford sworn to June 27, 2016, and the notice of motion,
It is hereby ORDERED that the motion is dismissed, and
It is further ORDERED that the appeal is dismissed on the ground that no appeal lies as of right from an ex parte order, without prejudice to a motion pursuant to CPLR 5704 (a), (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333; Matter of Joint Diseases North General Hosp., 148 AD2d 873), and
It is further ORDERED that petitioner may proceed as a poor person on a motion seeking relief from the order entered March 10, 2016, pursuant to CPLR 5704 (a).
Memorandum: Petitioner's remedy is to seek relief by order to show cause pursuant to CPLR 5704 (a) and 22 NYCRR 1000.13 (b) (2).
Entered: July 20, 2016
Frances E. Cafarell, Clerk