Opinion
DOCKET NO. CA 15-01342
08-18-2015
(Index No. K1-2014-001332.)
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 Chautauqua on April 30, 2015, and having moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Carlton J. Hamann, Esq., dated July 29, 2015, the affidavit of Sandra Hall sworn to July 22, 2015, and the notice of motion with proof of service thereof, 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 Chautauqua 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 Chautauqua 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]).
Entered: August 18, 2015
Frances E. Cafarell, Clerk