KHALIF SWANSON V DARYL HUNTER, GALE HUNTER, AND PEGGY LATIMORE Index No: 813813/2015
Motion No: CA 19-00721
Slip Opinion No: 2019 NY Slip Op 70008(U)
Decided on April 29, 2019
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.


April 29, 2019

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

CA 19-00721

KHALIF SWANSON, PLAINTIFF-APPELLANT,

V

DARYL HUNTER, GALE HUNTER, AND PEGGY LATIMORE,

DEFENDANTS-RESPONDENTS.

Index No: 813813/2015


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, Erie County, entered August 21, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1250.10 [c]).

Entered: April 29, 2019

Mark W. Bennett

Clerk of the Court