Opinion
DOCKET NO. CA 15-00084 Index No. 2012-1025. DOCKET NO. CA 15-00085 Index No. 2012-1025.
01-29-2015
DONTIE S. MITCHELL, PLAINTIFF-APPELLANT, v. WOODS OVIATT GILMAN, LLP AND WILLIAM G. BAUER, DEFENDANTS-RESPONDENTS. DONTIE S. MITCHELL, PLAINTIFF-APPELLANT, v. WOODS OVIATT GILMAN, LLP AND WILLIAM G. BAUER, DEFENDANTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to be permitted to proceed as a poor person on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 5, 2014 (docket No. 15-00084), and December 23, 2014 (docket No. 15-00085), to extend the time to perfect the appeals, and to expedite the appeals,
Now, upon reading and filing the affidavit of Dontie S. Mitchell sworn to December 31, 2014, 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 Clerk of the County of Cayuga 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 appeals are 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 appeals, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Cayuga 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 taken from the order entered June 5, 2014, is granted and appellant shall perfect the appeal on or before April 20, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered December 23, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion insofar as it seeks to expedite the appeals is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: January 29, 2015
Frances E. Cafarell, Clerk