Opinion
2021-73676 Motion 533463
10-21-2021
MICHAEL F. ALLEVATO, Appellant, v. OTSEGO COUNTY, Respondent.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion to accept record as certified or for alternative relief.
Motion for permission to proceed as a poor person.
Upon the papers filed in support of the motions and the papers filed in opposition to the motion to accept the record as certified or for alternative relief, it is
ORDERED that the motion to accept the record as certified or for alternative relief is denied, without costs, and without prejudice to an application by appellant in the court of original instance to settle the record, as required by section 850.7 (b) of this Court's Rules of Practice, in the event the parties are unable to stipulate to the record on appeal, and it is further
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fees required by CPLR 8022 are waived.
Garry, P.J., Lynch, Clark, Reynolds Fitzgerald and Colangelo, JJ., concur.