Burton v Porter
2009 NY Slip Op 08419 [67 AD3d 1453]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Iric Burton, Appellant, v Adrienne Y. Porter, Respondent.

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Frank Falzone, Buffalo, for plaintiff-appellant. Hagelin Kent LLC, Buffalo (Victor Wright of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered April 1, 2008 in a personal injury action. The order, among other things, denied plaintiff's motion for permission to proceed as a poor person pursuant to CPLR 1101.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Martoche, Smith, Carni and Pine, JJ.