Aftermath Restoration, Inc. v. N.Y. Cent. Mut. Fire Ins. Co.

Full title: AFTERMATH RESTORATION, INC., PLAINTIFF, v. NEW YORK CENTRAL MUTUAL FIRE…

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

Date published: Jul 1, 2016

2016 N.Y. Slip Op. 79542 (N.Y. App. Div. 2016)

Opinion

MOTION NO. 378-16 DOCKET NO. CA 14-01928

07-01-2016

AFTERMATH RESTORATION, INC., PLAINTIFF, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, ALBERT F. STAGER, INC., DEFENDANTS-RESPONDENTS, AND DAVID DALE, DEFENDANT-APPELLANT.

CENTRA, J.P., CARNI, DEJOSEPH, CURRAN, AND SCUDDER, JJ.

PRESENT:

Appellant having moved for permission to proceed as a poor person, reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 29, 2016,

Now, upon reading and filing the affidavit of David Dale sworn to June 9, 2016, the notice of motion with proof of service thereof, and the affidavit of Steven P. Curvin, Esq., sworn to June 15, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks poor person relief is denied on the ground that the motion failed to include an affidavit setting forth the amount and sources of appellant's income (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1], [2], and

It is further ORDERED that the motion insofar as it seeks reargument or leave to appeal to the Court of Appeals is dismissed on the ground that appellant does not have permission to proceed as a poor person and did not pay the requisite filing fee (see CPLR 8022; 22 NYCRR 1000.13 [a] [5] [v]).

Entered: July 1, 2016

Frances E. Cafarell, Clerk