Opinion
DOCKET NO. CA 17-01615
10-30-2017
J.C. GOMEZ, PLAINTIFF-APPELLANT, v. ST. ELIZABETH MEDICAL CENTER, DEFENDANT-RESPONDENT.
PRESENT: (INDEX NO. CA2016-001911.)
Appellant having moved for permission to proceed as a poor person, assignment of counsel, and 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 Oneida on July 11, 2017,
Now, upon reading and filing the statement and affidavit of J.C. Gomez dated September 28, 2017, the verification of J.C. Gomez sworn to October 3, 2017, the notice of motion with proof of service thereof, and the statement of Lawrence A. Sardelli, Jr., Esq., dated October 9, 2017, 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 Oneida 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 Oneida 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 dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available.
Entered: October 30, 2017
Mark W. Bennett, Clerk