| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK, DECEASED V ANTONIO HARRIS |
| Motion No: CA 09-02578 |
| Slip Opinion No: 2010 NY Slip Op 67247(U) |
| Decided on March 30, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02578
| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK,
DECEASED, PLAINTIFF-RESPONDENT, V ANTONIO HARRIS, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 29, 2009, and for a stay of enforcement of a judgment,
Now, upon reading and filing the affidavit of Antonio Harris sworn to February 15, 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 is granted, and
It is further ORDERED that the Clerk of the County of Erie 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 Erie in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied as unavailable, and
It is further ORDERED that the motion insofar as it seeks a stay is denied pursuant to CPLR 5519.
Entered: March 30, 2010
Patricia L. Morgan, Clerk