| JOHN D. JUSTICE V SEAN MCALEESE |
| Motion No: CA 11-00645 |
| Slip Opinion No: 2011 NY Slip Op 71071(U) |
| Decided on April 25, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00645
| JOHN D. JUSTICE, PLAINTIFF-APPELLANT, V SEAN MCALEESE,
DEFENDANT-RESPONDENT. |
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 Cayuga on February 10, 2011, and for other relief,
Now, upon reading and filing the affidavit of John D. Justice sworn to March 18, 2011, and 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 the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Cayuga 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 Cayuga in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: April 25, 2011
Patricia L. Morgan, Clerk