| JANE F. DEPERNO V DANIEL W. DEPERNO |
| Motion No: CA 16-01818 |
| Slip Opinion No: 2016 NY Slip Op 89798(U) |
| Decided on October 25, 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 16-01818
| JANE F. DEPERNO, PLAINTIFF-RESPONDENT, V DANIEL W. DEPERNO,
DEFENDANT-APPELLANT. |
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 Niagara on December 30, 2015,
Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to October 4, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED, that appellant's premature notice of appeal is deemed a valid notice of appeal from the order entered December 30, 2015 (see CPLR 5520 [c]; Kerner v Kerner, 262 AD2d 1082), and
It is further ORDERED that the motion insofar is it seeks poor person relief is denied on the ground that the facts set forth by appellant fail to demonstrate merit to the appeal.
Entered: October 25, 2016
Frances E. Cafarell, Clerk