PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00452

SUSAN BEATON, PLAINTIFF-RESPONDENT, V PATRICK BEATON, DEFENDANT-APPELLANT.

Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on November 7, 2008, and for an extension of time to perfect the appeal,

Now, upon reading and filing the affidavit of John A. Schuppenhauer sworn to May 6, 2009, the affidavit of Patrick Beaton sworn to May 6, 2009, the notice of motion with proof of service thereof, the opposing affirmation of David A. Merkel dated May 7, 2009, 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 Ontario 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 Ontario in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and

It is further ORDERED that the first ordering paragraph of the order of this Court entered March 17, 2009 is hereby amended by deleting the date May 15, 2009 and inserting in its place the date July 15, 2009.

Entered: May 19, 2009

Patricia L. Morgan, Clerk