| LENO W. GEE V M & T BANK, MARK HOGAN, AND CITIBANK |
| Motion No: CA 08-01973 |
| Slip Opinion No: 2008 NYSlipOp 89487(U) |
| Decided on November 17, 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 08-01973
| LENO W. GEE, PLAINTIFF-APPELLANT, V M & T BANK, MARK HOGAN,
AND CITIBANK, DEFENDANTS-RESPONDENTS. |
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 Monroe on September 10, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavits of Leno W. Gee sworn to September 16, 2008, 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 be, and the same hereby is, granted and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Monroe 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 Monroe in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: November 17, 2008
JoAnn M. Wahl, Clerk