Opinion
DOCKET NO. CA 17-00473 DOCKET NO. CA 17-00474
04-04-2017
KEVIN A. ASHBY, PLAINTIFF-APPELLANT, v. EMMA H. CHAPMAN AND RAINBOW PROPERTIES, DEFENDANTS-RESPONDENTS.
PRESENT:
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from decisions of the Niagara County Court entered in the Office of the Clerk of the County of Niagara on November 15, 2016, and January 9, 2017,
Now, upon reading and filing the affidavits of Kevin Ashby sworn to February 2, 2017, February 11, 2017, and February 26, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks leave to appeal as a poor person from the decisions, and
It is further ORDERED that the appeals are dismissed on the ground that "no appeal lies from a mere decision," (Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]; see also CPLR 5703 [b]).
Entered: April 4, 2017
Frances E. Cafarell, Clerk