Opinion
DOCKET NO. CA 13-02146
01-30-2014
IN THE MATTER OF MORRIS B. YUSON, PETITIONER, v. GARY CARELOCK HARDY, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for permission to proceed as a poor person and having moved for an extension of time to serve a notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 10, 2013,
Now, upon reading and filing the affidavit of Morris B. Yuson sworn to November 1, 2013, 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 insofar as it seeks permission to proceed as a poor person, 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]), and
It is further ORDERED that the motion is denied insofar as it seeks an extension of time to serve a notice of appeal, with leave to renew upon making a new motion for that relief that includes a copy of the notice of entry of the order of the Supreme Court entered July 10, 2013, an affidavit of service or admission of service of said notice of entry and said order, and a copy of the notice of appeal, if any, on file with the Clerk of the County of Monroe.
Frances E. Cafarell, Clerk