
    Patrick Sweeney v. James White.
    (New York Superior Court
    Special Term,
    October, 1894.)
    An application for leave to sue as a poor person should be made at or soon ' after the commencement of the action. An application made more than three years after issue joined should be denied on the ground of laches.
    
    Motion for leave to sue as a poor person.
    
      Thomas Wola/n, for motion.
    
      Christopher Fine, opposed.
   Gtldersleeve, J.

The plaintiff makes an application for leave to sue as a poor person. It appears from the plaintiff’s own papers on this motion that more than three years have passed since issue was joined in the action. Nor does plaintiff offer any excuse or explanation for such gross laches. The suit was actually begun over three years ago, and this application is evidently an afterthought. I am of opinion it should not be granted. Glasberg v. Railroad Co., 12 Civ. Proc. Rep. 50. An application of this nature should be made upon or soon after the commencement of the action. Ostrander v. Harper, 14 How. Pr. 16. The motion must be denied, but without costs.

Motion denied, without costs.  