Opinion
DOCKET NO. CA 13-00293 Index No. I 2009-002762
03-07-2013
OFELIA RODRIGUEZ, PLAINTIFF-APPELLANT, v. MARIA I. COLON, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 15, 2012, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for permission to proceed as a poor person, for an extension of time perfect the appeal taken herein from the judgment entered October 15, 2012, and for other relief,
Now, upon reading and filing the affidavit of Norman E.S. Greene, Esq., sworn to February 13, 2013, the affirmation of Frank S. Falzone, Esq., dated February 19, 2013, and the affidavit of Ofelia Rodriguez sworn to January 7, 2013, and the notices of motion and cross 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 dismiss the appeal for failure to perfect timely the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 6, 2013, and
It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeal is dismissed as unnecessary, and
It is further ORDERED that the cross motion insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide appellant with copies of all papers and 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, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Erie in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Frances E. Cafarell, Clerk