| PATRICIA J. CURTO V MARK DIEHL, AND MELISSA SCHMIGEL |
| Motion No: NOS. CA 10-02024, CA 10-02025, AND CA 10-02026 |
| Slip Opinion No: 2010 NY Slip Op 86941(U) |
| Decided on October 29, 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 NOS. CA 10-02024, CA 10-02025, AND CA 10-02026
| PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V MARK DIEHL, AND
MELISSA SCHMIGEL, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect and permission to proceed as a poor person on the appeals taken herein from orders of the Supreme Court, Erie County, dated December 17, 2009, December 22, 2009, and July 29, 2010, and other relief,
Now, upon reading and filing the affidavit of Patricia J. Curto sworn to September 20, 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 Clerk of the County of Erie is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeals are 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 an extension of time to perfect the appeals is granted and appellant shall perfect the appeals on or before December 28, 2010, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: October 29, 2010
Patricia L. Morgan, Clerk