| CALVIN DENNIS JOHNSON V JUDY HO CHIU |
| Motion No: CA 09-01101 |
| Slip Opinion No: 2009 NY Slip Op 74786(U) |
| Decided on June 8, 2009 |
| 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 09-01101
| CALVIN DENNIS JOHNSON, PLAINTIFF-APPELLANT, V JUDY HO CHIU,
DEFENDANT-RESPONDENT. |
Appellant having moved 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 Niagara on January 30, 2009,
Now, upon reading and filing the affidavit of Calvin Dennis Johnson sworn to May 27, 2009, the notice of motion with proof of service thereof, 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 Niagara 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 Niagara in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: June 8, 2009
Patricia L. Morgan, Clerk