Index No. 11/4994 DOCKET NO. CA 13-00849
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 22, 2013, and having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken from the order entered February 22, 2013,
Now, upon reading and filing the affidavits of Willie Singleton sworn to December 31, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before March 31, 2014, and
It is further ORDERED that the motion is granted insofar as it seeks permission to proceed as a poor person, and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide appellant with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Monroe in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Memorandum: Assignment of counsel is not available.
Frances E. Cafarell, Clerk