Smith v. Smith

Full title: In the Matter of MICHAEL SMITH, Appellant, v. DENISE SMITH, Respondent.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 23, 2016

2016 N.Y. Slip Op. 93177 (N.Y. App. Div. 2016)

Opinion

Motion No: 523491

11-23-2016

In the Matter of MICHAEL SMITH, Appellant, v. DENISE SMITH, Respondent.

Peters, P.J., Garry, Rose and Devine, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to vacate motion decision.

Motion for permission to proceed as a poor person and for assignment of counsel.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to vacate is denied, without costs, and it is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee for the motion to vacate (see CPLR 8022) is waived, and it is further

ORDERED that the motion for assignment of counsel is denied, without costs.

Peters, P.J., Garry, Rose and Devine, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court