Opinion
Motion No. CA 22-00820
06-13-2022
MARK PELLEGRINO, PLAINTIFF-APPELLANT, v. INTERNAL AFFAIRS, BUFFALO POLICE DEPARTMENT ET AL., DEFENDANTS-RESPONDENTS.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Erie County, entered July 26, 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]).