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

DOCKET NO. CA 09-02179

DIANE SMITH, PLAINTIFF-APPELLANT, V NIAGARA FALLS HOUSING AUTHORITY, DEFENDANT-RESPONDENT.

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 Niagara on September 23, 2009, and for summary relief,

Now, upon reading and filing the affidavits of Diane Smith sworn to November 18, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Garvey sworn to December 4, 2009, 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 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.

Memorandum: Appellant's remedy is to perfect the appeal.

Entered: December 8, 2009

Patricia L. Morgan, Clerk