Opinion
Motion No: CA 12-00800
05-24-2012
CARL v. STEWART, PLAINTIFF-APPELLANT, v. T.G.R. ENTERPRISES, INC., ROBERT R. REESE, AND CHRISTINA BOYD, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to file and serve a late notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 2, 2011, and having moved for permission to proceed as a poor person,
Now, upon reading and filing the affidavits of Carl V. Stewart sworn to March 23, 2012, the notice of motion with proof of service thereof, and the affirmation of Christopher R. Poole, Esq., dated May 10, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks leave to file and serve a late notice of appeal is denied, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed.
Frances E. Cafarell, Clerk