Gilbert Lau v NYSARC Trust Service Inc. et al.

Motion No: M-540

Slip Opinion No: 2020 NYSlipOp 65605(U)

Decided on April 23, 2020

Appellate Division, First 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 23, 2020

Gilbert Lau,

Plaintiff-Appellant,

v

NYSARC Trust Service, Inc., et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 6, 2019, which granted defendant's motion to consolidate an action filed in Civil Court of the City of New York with the instant action, And plaintiff-appellant, pro se, having moved to stay consolidation of the actions pending hearing and determination of the aforesaid appeal, for leave to prosecute the appeal as a poor person, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for related relief,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking a stay is denied. That branch of the motion seeking poor person relief is denied, with leave to renew, upon submission of a detailed notarized affidavit, pursuant to CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (2), setting forth, inter alia, the merits of the appeal and plaintiff's indigency and an explanation as to why

the funds in plaintiff's trust are not available to pay for the costs and fees associated with the appeal, as set forth in the order of this Court entered on February 6, 2020 (M-8852).ENTERED: April 23, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Sallie Manzanet-Daniels Ellen Gesmer Lizbeth GonzÁlez,Justices

M-540

Index No. 100181/19