PRESENT: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND SCUDDER, JJ.

APPELLATE DIVISION DOCKET NO. CAF 16-01434
DOCKET NO. V-13457-14
DOCKET NO. V-15360-14

MATTER OF PAMELA A. HORBETT, PETITIONER-APPELLANT, V THOMAS M. RAPP, RESPONDENT-RESPONDENT. MATTER OF THOMAS M. RAPP, PETITIONER-RESPONDENT, V PAMELA A. HORBETT, RESPONDENT-APPELLANT.

An appeal having been taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on July 5, 2016, and appellant having moved for reargument of an application for permission to proceed as a poor person that was denied by order entered September 13, 2016,

Now, upon reading and filing the affidavit of Patricia McGrath, Esq., sworn to October 19, 2016, the affidavits of Pamela Horbett, sworn to October 19, 2016, and November 4, 2016, the notice of motion with proof of service thereof, the affidavit of Jeffrey T. Bochiechio, Esq., sworn to October 24, 2016, the affidavit of Thomas Rapp, sworn to October 27, 2016, the affidavit of Joan Casilio Adams, Esq., sworn to October 31, 2016, and the affirmation of Vanessa C. Gabriele, Esq., dated November 4, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 29, 2016

FRANCES E. CAFARELL, Clerk