Opinion
Motion No: CA 11-01709
10-24-2011
IN THE MATTER OF STEPHEN P. BROOKS, PETITIONER-APPELLANT, v. DONALD LIVINGSTON, FIRST DEPUTY SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 12, 2011,
Now, upon reading and filing the affidavit of Stephen Brooks sworn to September 21, 2011, 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 a stenographic copy of the minutes 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.
Memorandum: Assignment of counsel is not available.
Patricia L. Morgan, Clerk