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

DOCKET NO. CA 16-01331
DOCKET NO. CA 16-01332

JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, V MELISSA NEAL, DEFENDANT-APPELLANT. (APPEAL NO. 1.) JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, V MELISSA NEAL, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved for permission to proceed as a poor person, for assignment of counsel, and for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 20, 2015 (appeal No. 1), and May 12, 2016 (appeal No. 2),

Now, upon reading and filing the affidavits of Melissa Neal sworn to July 29, 2016, and August 11, 2016, the statements of Melissa Neal dated August 11, 2016, and August 12, 2016, the notice of motion with proof of service thereof, and the affidavit of Kelly A. Feron, Esq., sworn to August 5, 2016, 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, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before November 7, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Memorandum: Assignment of counsel is not available.

Entered: September 8, 2016

Frances E. Cafarell, Clerk