| RASHAWN M. BANKS V CITY OF BUFFALO LAW DEPARTMENT |
| Motion No: CA 16-01643 |
| Slip Opinion No: 2016 NY Slip Op 88321(U) |
| Decided on October 3, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01643
| RASHAWN M. BANKS, PLAINTIFF-APPELLANT, V CITY OF BUFFALO LAW
DEPARTMENT, DEFENDANT-RESPONDENT. |
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 Erie County Court dated April 26, 2016,
Now, upon reading and filing the affidavits of Rashawn Banks sworn to August 2, 2016, and August 26, 2016, 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]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: October 3, 2016
Frances E. Cafarell, Clerk