Opinion
CA 20-01264 Index No: SF901683/2007
03-22-2021
PRESENT:
Counsel for appellant having moved for permission to withdraw as assigned counsel on the appeal taken herein from an order of Supreme Court, Erie County, entered August 25, 2020, and appellant having moved for permission to proceed as a poor person, assignment of counsel on the appeal, and an extension of time to perfect the appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Audrey Rose Herman, Esq., is relieved of the assignment for purposes of the appeal, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and the motion insofar as it seeks assignment of counsel is denied, and
It is further ORDERED that the Erie County Clerk provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings 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, and
It is further ORDERED that the motion is granted to the extent that the time to perfect the appeal is extended to May 28, 2021, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Memorandum: Assignment of counsel is not available.
Entered: March 22, 2021
Mark W. Bennett
Clerk of the Court