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

DOCKET NO. CA 17-01540

PAULA L. GIBBS, PLAINTIFF-APPELLANT, V STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANT-RESPONDENT.

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 Erie on July 18, 2017,

Now, upon reading and filing the affidavit of Paula L. Gibbs sworn to August 25, 2017, the notice of motion with proof of service thereof, and the affirmation of Roy A. Mura, Esq., dated September 11, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that includes an affidavit that addresses the discrepancies between appellant's financial affidavit, sworn to August 25, 2017, and the trial testimony on the issue of household assets, and respondent's satisfaction of the post-trial judgment, as detailed in the affirmation of Roy Mura, Esq., dated September 11, 2017, and a new financial affidavit that completely sets forth, among other things, all monetary assets including but not limited to savings accounts and trust accounts, and an affidavit setting forth sufficient facts so that the merits of appellant's contentions on the appeal from the order of Supreme Court, Erie County, entered July 18, 2017, may be ascertained.

Entered: October 17, 2017

Mark W. Bennett, Clerk