| DEENA K. DIETRICH V TAKAKO MICHII |
| Motion No: CA 08-01536 |
| Slip Opinion No: 2008 NYSlipOp 83904(U) |
| Decided on September 22, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01536
| DEENA K. DIETRICH, PLAINTIFF-RESPONDENT, V TAKAKO MICHII,
DEFENDANT-APPELLANT. |
Appellant having renewed the motion 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 July 14, 2008,
Now, upon reading and filing the affidavit of Takako Michii sworn to August 6, 2008, the affidavit of Leslie Mark Greenbaum sworn to September 11, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Robert R. Radel sworn to September 17, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and
It is further ORDERED that the Clerk of the County of Erie 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 Erie in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: September 22, 2008
JoAnn M. Wahl, Clerk