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

DOCKET NO. CA 18-00067

IN THE MATTER OF THE ESTATE OF GINO ROLANDO MONACO, DECEASED. EUGENE ALLEN MONACO, PETITIONER-RESPONDENT, V THE ESTATE OF GINO ROLANDO MONACO, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Erie Surrogate's Court entered in the Office of the Clerk of the County of Erie on March 20, 2017, and having moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affidavit of Claudine Marie Monaco sworn to January 8, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks poor person relief 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 and setting forth whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay such costs, fees, and expenses (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 granted, and appellant shall perfect the appeal on or before March 15, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 30, 2018

Mark W. Bennett, Clerk