Opinion
Motion No: CA 11-01570 Index No. K1-2008-1843
09-15-2011
ERNEST P. THOMPSON AND WENDY J. THOMPSON, PLAINTIFFS-RESPONDENTS, v. TINA M. NAISH ALSO KNOWN AS TINA M. GENATT, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 7, 2011,
Now, upon reading and filing the statement of Todd M. Thomas, Esq., dated August 9, 2011, the affidavit of Tina M. Gernatt sworn to August 18, 2011, 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 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 Chautauqua in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Patricia L. Morgan, Clerk