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Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Eckert v. Meadows
"Although the determination whether to grant permission to proceed as a poor person lies within the sound discretion of the . . . court," we conclude under the circumstances here that the court abused its discretion in denying the application ( Young , 46 AD3d at 1380 ; see Popal , 82 AD3d at 1671 ; cf. Jefferson v Stubbe , 107 AD3d 1424, 1424 [4th Dept 2013], appeal dismissed & lv denied 22 NY3d 928 [2013]).
discussed
Cited as authority (rule)
People Ex Rel. Charles B. v. McCulloch
Supreme Court agreed with respondent that there was no reason to depart from the traditional orderly proceedings as set forth in Mental Hygiene Law article 10, including the right to annual reviews, and the court thus denied petitioner’s application to proceed as a poor person because he failed to show that he had a claim with arguable merit (see Jefferson v Stubbe, 107 AD3d 1424, 1424 [4th Dept 2013], appeal dismissed and lv denied 22 NY3d 928 [2013]).
discussed
Cited as authority (rule)
CHARTER ONE BANK, FSB v. MILLS, RICHARD F.
Here, defendant failed to file the certificate required by the court (see Abreu v Hutchings, 71 AD3d 1254, 1254-1255 [2010], appeal dismissed 15 NY3d 836 [2010]; Matter of McNear v State of New York, 38 AD3d 1093, 1094 [2007], lv denied 9 NY3d 801 [2007]), and he otherwise failed to establish that his motion to vacate the default judgment has “ ‘arguable merit’ ” (Jefferson v Stubbe, 107 AD3d 1424, 1424 [2013], appeal dismissed, lv denied 22 NY3d 928 [2013]; cf. Popal v Slovis, 82 AD3d 1670, 1670-1671 [2011], lv dismissed 17 NY3d 842 [2011]).
discussed
Cited "see"
Kingston v. Tennyson Ct.
Contrary to defendants' contention, the court properly determined that the complaint is "sufficiently particular to give the court and [defendants] notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved and the material elements of [the first] cause of action" (CPLR 3013; see generally Reynolds v Ferrante , 107 AD3d 1424, 1425-1426 [4th Dept 2013]).
discussed
Cited "see"
Matter of Roesch v. State of New York
Charles B. v McCulloch , 155 AD3d 1559 , 1560 [4th Dept 2017], lv denied 31 NY3d 906 [2018] [internal quotation marks omitted]; see Jefferson v Stubbe , 107 AD3d 1424 , 1424 [4th Dept 2013], appeal dismissed and lv denied 22 NY3d 928 [2013]; cf. Popal v Slovis , 82 AD3d 1670, 1671 [4th Dept 2011], lv dismissed 17 NY3d 842 [2011]).
discussed
Cited "see"
Matter of Roesch v. McCulloch
An application to proceed as a poor person should be granted if it " 'is not frivolous or, stated another way, . . . has arguable merit' " ( Matter of Young v Monroe County Clerk's Off. , 46 AD3d 1379, 1380 [4th Dept 2007]; see CPLR 1101 [a], [f] [1]). "[T]he determination whether to grant permission to proceed as a poor person lies within the sound discretion of the trial court" ( Young , 46 AD3d at 1380 ), and we conclude that the court did not abuse its discretion here ( see Jefferson v Stubbe , 107 AD3d 1424, 1424 [4th Dept 2013], appeal dismissed and lv denied 22 NY3d 928 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Wayne Davidson
v.
Village of Penn Yan
v.
Village of Penn Yan
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Jun 7, 2013.
Published
Appeal from a judgment of the Supreme Court, Yates County (Dennis F. Bender, A.J.), entered July 18, 2012 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of Davidson v Village of Penn Yan (107 AD3d 1423 [2013]). Present — Centra, J.P., Fahey, Garni, Whalen and Martoche, JJ.