| JEFFREY CULBREATH V THOMAS JENKINS, RUSSELL AYERS, AND TODD CONANT |
| Motion No: CA 17-01183 |
| Slip Opinion No: 2017 NY Slip Op 79850(U) |
| Decided on July 11, 2017 |
| 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 17-01183
| JEFFREY CULBREATH, PLAINTIFF-APPELLANT, V THOMAS JENKINS,
RUSSELL AYERS, AND TODD CONANT, DEFENDANTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on July 18, 2016,
Now, upon reading and filing the affidavit of Jeffrey Culbreath sworn to May 22, 2017, 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 dismissed with leave to renew upon making a new motion for permission to proceed as a poor person that includes a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Memorandum: Assignment of counsel is not available.
Entered: July 11, 2017
Frances E. Cafarell, Clerk