| MARK PELLEGRINO V BUFFALO POLICE DEPARTMENT |
| Motion No: CA 22-00819 |
| Slip Opinion No: 2022 NY Slip Op 67512(U) |
| Decided on June 13, 2022 |
| 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 LINDLEY, JJ.
CA 22-00819
| MARK PELLEGRINO, PLAINTIFF-APPELLANT, V BUFFALO
POLICE DEPARTMENT ET AL., DEFENDANTS-RESPONDENTS.
|
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from order of the Supreme Court, Erie County, entered July 23, 2021, and for other relief,
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 insofar as it seeks permission to proceed as a poor person is dismissed, and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Memorandum: The motion failed to include valid proof of timely service and filing of the notice of appeal (22 NYCRR 1250.4 [3]). Additionally, the facts as set forth by plaintiff fail to demonstrate merit to the appeal (CPLR 1101 [a]; 22 NYCRR 1250.4 [d] [1], [2]).
.
Entered: June 13, 2022
Ann Dillon Flynn
Clerk of the Court