| CITY OF UTICA V MICHELLE MALLETTE, FORMERLY KNOWN AS MICHELLE BANNATYNE |
| Motion No: CA 20-00864 |
| Slip Opinion No: 2021 NY Slip Op 61677(U) |
| Decided on February 5, 2021 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 20-00864
| CITY OF UTICA, PLAINTIFF-RESPONDENT, V MICHELLE MALLETTE,
FORMERLY KNOWN AS MICHELLE BANNATYNE, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Oneida County, entered December 11, 2019, and having moved for permission to proceed as a poor person,
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 granted, insofar as it seeks to vacate dismissal of the appeal, on the condition that the appeal is perfected on or before March 9, 2021, and
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied, with leave to renew upon filing and serving a new motion that includes, among other things, an affidavit setting forth the amount and sources of appellant's income (see CPLR 1101 [a]).
Entered: February 5, 2021
Mark W. Bennett
Clerk of the Court