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

DOCKET NO. CA 10-00928

IRIC BURTON, PLAINTIFF-APPELLANT, V DR. ANDREW C. MATTELIANO, NIAGARA FRONTIER TRANSPORTATION AUTHORITY, AND DONALD J. JACOB, M.D., DEFENDANTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 9, 2009,

Now, upon reading and filing the affirmation of John D. Wieser, Esq. dated April 23, 2010, the affidavit of Iric Burton sworn to April 22, 2010, the notice of motion with proof of service thereof, the affidavit of Frank C. Callocchia, Esq. sworn to April 26, 2010, the affidavit of Wayne R. Gradl, Esq. sworn to April 27, 2010, the affirmation of John D. Wieser, Esq. dated April 30, 2010, 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 copies of all papers and transcripts of stenographic, digitally recorded, or audio taped minutes, of the proceedings had and filed in said Clerk's office 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 copies out of any recovery by judgment or settlement, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted, and appellant shall perfect the appeal on or before July 6, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 5, 2010

Patricia L. Morgan, Clerk