Opinion
DOCKET NO. CA 16-01730
10-25-2016
WELLS FARGO BANK, NA, PLAINTIFF-RESPONDENT, v. MICHAEL TASCHETTA, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
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 Erie on June 1, 2016, and having moved for a stay,
Now, upon reading and filing the affidavits of Michael Taschetta sworn to September 26, 2016, the statement of Michael Taschetta dated October 12, 2016, 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 Erie 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 Erie 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 a stay is denied (see Norcross v Cook, 199 AD2d 1079).
Entered: October 25, 2016
Frances E. Cafarell, Clerk