| JASON HILL V FRANCINE VERHAGEN |
| Motion No: CA 24-01444, CA 24-01445 AND CA 24-01446 |
| Slip Opinion No: 2025 NY Slip Op 69278(U) |
| Decided on May 12, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01444, CA 24-01445 AND CA 24-01446
| JASON HILL, PLAINTIFF-RESPONDENT, V FRANCINE VERHAGEN,
DEFENDANT-APPELLANT.
Index No: 800049/2022
|
Appellant having moved for permission to proceed as a poor person on the appeals taken herein from the orders of the Supreme Court, Erie County, entered July 29, 2024 and July 31, 2024, and for other relief,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions for permission to proceed as a poor person are denied without prejudice to a new motion that includes, among other things, a complete financial affidavit clarifying certain discrepancies and, setting forth all income and assets as set forth below, and
It is further ORDERED that the motions insofar as they seek to vacate the dismissal of the appeals are granted on the condition that the appeals are perfected on or before July 11, 2025.
Memorandum: The complete financial affidavit must itemize all of appellant's income and assets. Specifically, the affidavit shall list the addresses and value of all real estate owned by appellant. The affidavit must also clarify the discrepancies in the poor person motion with the bankruptcy documentation submitted as follows: The poor person motion reflects appellant owns no real estate whereas the bankruptcy documents reflect appellant owns one property worth $460,000 and, another property worth $230,000. Similarly, the poor person motion represents that appellant's monthly income is $800 whereas the bankruptcy documents reflect a monthly income of $2,000.
Entered: May 12, 2025
Ann Dillon Flynn
Clerk of the Court