Opinion
DOCKET NO. CA 16-01821
11-23-2016
DANIEL U. SCOTT, PLAINTIFF-RESPONDENT, v. TONYA D. SCOTT, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 15, 2016,
Now, upon reading and filing the affidavit of Diane Ciurczak, Esq., sworn to October 5, 2016, the affidavit of Tonya D. Scott sworn to August 3, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Erie 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 Erie in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Memorandum: Assignment of counsel is not available.
Entered: November 23, 2016
Frances E. Cafarell, Clerk