NIESHA HAYNES V KALEIDA HEALTH, CHILDREN'S HOSPITAL, KEVIN FITZPATRICK, M.D., MARGARET MULVIHILL, M.D. (Index No.
Motion No: CA 11-01350
Slip Opinion No: 2011 NY Slip Op 79769(U)
Decided on July 29, 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.


July 29, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 11-01350

NIESHA HAYNES, PLAINTIFF-APPELLANT,

V

KALEIDA HEALTH, CHILDREN'S HOSPITAL,

KEVIN FITZPATRICK, M.D., MARGARET MULVIHILL, M.D.,

DEFENDANTS-RESPONDENTS.

(Index No. I2009/011310)


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 Erie on May 2, 2011,

Now, upon reading and filing the affidavit of Niesha Haynes sworn to July 1, 2011, the notice of motion with proof of service thereof, and the affidavit of Katherine E. Wild, Esq., sworn to June 9, 2011, 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 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.

Entered: July 29, 2011

Patricia L. Morgan, Clerk