Appeal No. 1. Laporsha Shaw v. Friedly

Full title: APPEAL NO. 1. LAPORSHA SHAW, PLAINTIFF-APPELLANT, v. BARBARA FRIEDLY…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 6, 2018

2018 N.Y. Slip Op. 69469 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 17-02158 DOCKET NO. CA 17-02159

04-06-2018

APPEAL NO. 1. LAPORSHA SHAW, PLAINTIFF-APPELLANT, v. BARBARA FRIEDLY, DEFENDANT-RESPONDENT, AND DAVID SCHULER, DEFENDANT. (APPEAL NO. 1.) LAPORSHA SHAW, PLAINTIFF-APPELLANT, v. BARBARA FRIEDLY, DEFENDANT-RESPONDENT, AND DAVID SCHULER, DEFENDANT. (APPEAL NO. 2.)

WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Appellant having moved for permission to proceed as a poor person on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 22, 2017 (appeal No. 1), and October 25, 2017 (appeal No. 2), and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Shannon Howley, Esq., dated March 8, 2018, the affidavit of LaPorsha Shaw sworn to March 8, 2018, the notice of motion with proof of service thereof, and the affirmation of Tiffany L. D'Angelo, Esq., dated March 28, 2018, 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

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 appeals are 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 appeals, 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, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before May 18, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2, is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: April 6, 2018

Mark W. Bennett, Clerk