IN THE MATTER OF DONNELL JEFFERSON V JOSHUA STUBBE (Index No. 2011/06590)
Motion No: CA 11-02452
Slip Opinion No: 2012 NY Slip Op 66549(U)
Decided on March 5, 2012
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.


March 5, 2012

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

DOCKET NO. CA 11-02452

IN THE MATTER OF DONNELL JEFFERSON,

PETITIONER-APPELLANT,

V

JOSHUA STUBBE, RESPONDENT-RESPONDENT.

(Index No. 2011/06590)


Appellant having moved to renew the motion 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 Monroe on August 3, 2011, and having moved for other relief,

Now, upon reading and filing the affidavit of Donnell Jefferson sworn to February 7, 2012, 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 fees for filing a notice of appeal and perfecting the appeal are hereby waived, and

It is further ORDERED that the Clerk of the County of Monroe 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 Monroe in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Entered: March 5, 2012

Frances E. Cafarell, Clerk