Opinion
Motion No: CA 11-02507
03-02-2012
NIESHA HAYNES, PLAINTIFF-APPELLANT, v. KALEIDA HEALTH, CHILDREN'S HOSPITAL, KEVIN FITZPATRICK, M.D. AND MARGARET MULVIHILL, M.D., DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved to renew the motion for permission to proceed as a poor person 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 October 11, 2011,
Now, upon reading and filing the affidavits of Niesha Haynes sworn to November 17, 2011, and February 9, 2012, the notice of motion with proof of service thereof, the affidavit of Katherine E. Wild, Esq., sworn to February 14, 2012, and the affidavit of Nicole D. Schreib, Esq., sworn to February 23, 2012, 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 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.
Frances E. Cafarell, Clerk