| JESSE LUCAS, JR. V DR. ALAN WEINER, D.D.S. |
| Motion No: CA 11-02061 |
| Slip Opinion No: 2011 NY Slip Op 92351(U) |
| Decided on December 9, 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 CARNI, JJ.
DOCKET NO. CA 11-02061
| JESSE LUCAS, JR., PLAINTIFF-APPELLANT, V DR. ALAN WEINER, D.D.S.,
DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 1, 2011,
Now, upon reading and filing the affirmation of Louis Rosado, Esq., dated November 18, 2011, the affidavit of Jesse Lucas, Jr. sworn to November 16, 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
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: December 9, 2011
Patricia L. Morgan, Clerk