Opinion
DOCKET NO. CA 19-00387
03-18-2019
IN THE MATTER OF CHARLIE MIXON, PETITIONER-APPELLANT, v. PATRICK G. WEIDEL, CHIEF DEPUTY, OFFICE OF THE SHERIFF, COUNTY OF NIAGARA, RESPONDENT-RESPONDENT.
PRESENT:
Appellant having moved 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 Niagara on January 9, 2019, and for an order requiring respondent to stipulate to the record,
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 for permission to proceed as a poor person is granted, and
It is further ORDERED that the Clerk of the County of Niagara 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 the motion insofar as it seeks an requiring respondent to stipulate to the record is denied without prejudice to a motion in Supreme Court (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).
Entered: March 18, 2019
Mark W. Bennett, Clerk