| MAUREEN WEAVER V RICHARD E. LANDES |
| Motion No: CA 09-02585 |
| Slip Opinion No: 2010 NY Slip Op 62652(U) |
| Decided on February 1, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02585
| MAUREEN WEAVER, PLAINTIFF-RESPONDENT, V RICHARD E. LANDES,
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 Niagara on November 5, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Richard E. Landes sworn to January 14, 2010, 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 as assignment of counsel is not available, 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: February 1, 2010
Patricia L. Morgan, Clerk