| PAULA L. GIBBS V STATE FARM FIRE AND CASUALTY COMPANY (APPEAL NO. 2.) |
| Motion No: CA 17-02191 |
| Slip Opinion No: 2018 NY Slip Op 68934(U) |
| Decided on April 4, 2018 |
| 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-02191
| PAULA L. GIBBS, PLAINTIFF-APPELLANT, V STATE FARM FIRE AND
CASUALTY COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
Appellant having moved to vacate the dismissal of the appeal that was untimely taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 2, 2017, and for permission to proceed as a poor person,
Now, upon reading and filing the affidavits of Paula L. Gibbs sworn to February 9, 2018, and March 9, 2018, the notice of motion with proof of service thereof, and the affirmations of Roy A. Mura, Esq., dated February 27, 2018, and March 8, 2018, and the affidavit of Renee Espinosa sworn to February 28, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, and
It is further ORDERED that the motion insofar as it seeks poor person relief is dismissed.
Entered: April 4, 2018
Mark W. Bennett, Clerk