| FARID POPAL V HARVEY J. SLOVIS, ESQ. |
| Motion No: CA 10-00731 |
| Slip Opinion No: 2010 NY Slip Op 71993(U) |
| Decided on May 11, 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 10-00731
| FARID POPAL, PETITIONER-RESPONDENT, V HARVEY J. SLOVIS, ESQ.,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 7, 2010,
Now, upon reading and filing the affidavit of Farid Popal sworn to April 27, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the motion is insofar as it seeks assignment of counsel is denied, 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.
Memorandum: Assignment of counsel is not available.
Entered: May 11, 2010
Patricia L. Morgan, Clerk