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

DOCKET NO. CA 11-00963
(Index No. I 2008-8945)

RENAULD DAVIS, PLAINTIFF-APPELLANT, V ESTELLE VALLIE, DEFENDANT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person and to extend the time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 21, 2010,

Now, upon reading and filing the affirmations of Louis Rosado, Esq., dated July 28, 2011, and August 4, 2011, the affidavit of Renauld Davis sworn to July 28, 2011, the notice of motion with proof of service thereof, and the affirmation of Laurence D. Behr, Esq., dated August 9, 2011, 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 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, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered June 7, 2011, is hereby amended by deleting the date August 8, 2011, and inserting in its place the date October 17, 2011.

Entered: August 17, 2011

Patricia L. Morgan, Clerk