LINDA MESSERSCHMIDT V TAMARA WILLIAMS
Motion No: CA 19-01884
Slip Opinion No: 2020 NY Slip Op 62370(U)
Decided on January 31, 2020
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.


January 31, 2020

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

CA 19-01884

LINDA MESSERSCHMIDT, PLAINTIFF-APPELLANT,

V

TAMARA WILLIAMS, DEFENDANT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person and to vacate the dismissal of the appeal taken herein from an order of the County Court, Onondaga County, entered October 31, 2018,

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

It is hereby ORDERED that the motion to vacate dismissal of the appeal is denied, with leave to renew upon filing and serving a new motion that includes, among other things, an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1250.10 [c]), and

It is further ORDERED that the motion for permission to proceed as a poor person is dismissed inasmuch as the dismissal of the appeal has not been vacated.

Entered: January 31, 2020

Mark W. Bennett

Clerk of the Court