Opinion
APPELLATE DIVISION DOCKET NO. CAF 11-01550 DOCKET NON. F-5092-03/09F, G & H
08-17-2011
MATTER OF GIFFORD R. DUFFY, PETITIONER-APPELLANT, v. SYLVIE PRENDERGAST, RESPONDENT-RESPONDENT.
PRESENT: , P.J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
Petitioner-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on October 4, 2010,
Now, upon reading and filing the affidavit of Gifford Duffy, sworn to August 1, 2011, 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 the submission of a new motion that includes an affidavit setting forth in detail appellant's gross monthly income from all sources, and explaining the discrepancy between the amount listed as gross monthly income in appellant's financial affidavit sworn to August 1, 2011, and the amount set forth in paragraph "3" of appellant's "Affidavit Pursuant to CPLR Sect. 1101" sworn to July 1, 2011.
PATRICIA L. MORGAN, Clerk