Opinion
DOCKET NO. CA 16-01449
11-16-2016
PATRICK J. CARNEY, PLAINTIFF-APPELLANT, v. JUN W. CARNEY, DEFENDANT-RESPONDENT. PAUL B. WATKINS, ESQ., ATTORNEY FOR THE CHILDREN, APPELLANT.
PRESENT:
Plaintff-appellant having moved for permission to proceed as a poor person, for assignment of counsel, and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 5, 2016,
Now, upon reading and filing the affidavit of Pat Carney sworn to October 31, 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 insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted to the extent that Timothy P. Donaher, Esq., Monroe County Public Defender's Office, 10 N. Fitzhugh Street, Rochester, New York 14614, is hereby assigned as counsel for the purposes of this appeal, and
It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Timothy P. Donaher, Esq., 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 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 the appeal is granted, and appellant shall perfect the appeal on or before January 17, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 16, 2016
Frances E. Cafarell, Clerk