Majority
p. 972Andrea M. Gianniny, Appellant, v Mark R. Gianniny, Respondent. [614 NYS2d 342]
—Motion for leave to proceed as poor person and for stay denied. Memorandum: Because there is an automatic stay (see, 11 USC § 362 ), plaintiffs application for a stay is unnecessary. Plaintiffs application for poor person relief is denied because she has failed to show "sufficient facts so that the merit of the contentions can be ascertained” (CPLR 1101 [a]). Present — Green, J. P., Balio, Lawton, Fallon and Callahan, JJ.