Opinion
CA 20-00483
06-29-2020
PAUL WHITE, PLAINTIFF-APPELLANT, v. SAVERINO SAVERINO ALSO KNOWN AS SAVERIO J. SAVERINO, WANDA CONTRERAS ALSO KNOWN AS WANDA L. CONTRERAS ALSO KNOWN AS ANNA SAVERINO, HOMEPORT, INC., PARKSTAR CORP., SWEET TREE GROVES, LLC, ET AL., DEFENDANTS-RESPONDENTS.
PRESENT:
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Seneca County, entered October 1, 2019, for an order waiving certification of the record on appeal, and for other relief,
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 Seneca County Clerk provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings 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 Seneca in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and
It is further ORDERED that the time to perfect the appeal is extended to July 27, 2020, 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 is denied insofar as it seeks to waive certification of the record, without prejudice to a motion in Supreme Court to settle the record (see 22 NYCRR 1000.7 [b]; Matter of Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).
Entered: June 29, 2020
Mark W. Bennett
Clerk of the Court