Opinion
DOCKET NO. CA 13-00638
05-03-2013
DANIEL U. SCOTT, PLAINTIFF-APPELLANT, v. TONYA D. SAMMER, FORMERLY KNOWN AS TONYA C. SCOTT, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court, Erie County granted on January 17, 2013,
Now, upon reading and filing the affidavit of Tonya Scott sworn to March 27, 2013, 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 with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Frances E. Cafarell, Clerk