Opinion
DOCKET NO. CA 15-00487
04-13-2015
CHRISTOPHER D. CROCKETT, PLAINTIFF-RESPONDENT, v. GINA M. CROCKETT, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 5, 2014, and for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Juan A. Nevarez, Esq., dated March 19, 2015, 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, with leave to renew upon filing and serving a new motion that includes, among other things, an affidavit setting forth the amount and sources of the appellant's income; the appellant's property with its value; that the appellant is unable to pay the costs, fees and expenses necessary to prosecute or respond to the appeal; and whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay such costs, fees and expenses (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]), and proof of service of the motion on the county attorney in the county from which the appeal arises (see 22 NYCRR 1000.14 [a] [3]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before May 26, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 13, 2015
Frances E. Cafarell, Clerk