| JEFFREY DUELL V KELLY DUELL |
| Motion No: CA 10-01875 |
| Slip Opinion No: 2010 NY Slip Op 86930(U) |
| Decided on October 28, 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 10-01875
| JEFFREY DUELL, PLAINTIFF-RESPONDENT, V KELLY DUELL,
DEFENDANT-APPELLANT. |
Appellant having moved 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 Onondaga on August 5, 2010, and for assignment of counsel,
Now, upon reading and filing the affidavits of Kelly M. Duell sworn to September 9, 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 by is granted, and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Onondaga 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 Onondaga in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Memorandum: Assignment of counsel is not available.
Entered: October 28, 2010
Patricia L. Morgan, Clerk