| PATRICIA CURTO V ZITTEL'S DAIRY FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER PATRICIA CURTO V |
| Motion No: CA 11-02445 |
| Slip Opinion No: 2012 NY Slip Op 68104(U) |
| Decided on March 22, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02445
DOCKET NO. CA 11-02446
DOCKET NO. CA 11-02447
DOCKET NO. CA 12-00244
| PATRICIA CURTO, PLAINTIFF-APPELLANT, V ZITTEL'S DAIRY FARM, JOHN
ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) PATRICIA CURTO,
PLAINTIFF-APPELLANT, V ZITTEL'S DAIRY FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) PATRICIA CURTO, PLAINTIFF-APPELLANT, V ZITTEL'S DAIRY FARM, JOHN ZITTEL,
SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 3.) PATRICIA CURTO, PLAINTIFF-APPELLANT,
V ZITTEL'S DAIRY FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER, DEFENDANTS-RESPONDENTS. (APPEAL NO.
4.) |
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 July 11, 2011, and having moved to consolidate the appeal from the order entered July 11, 2011, with the appeals from the orders and judgment entered March 8, 2011, and having moved for other relief,
Now, upon reading and filing the affidavit of Patricia J. Curto sworn to March 5, 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 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 appeals are 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 to consolidate the appeals is granted and the appeals from the orders and judgment entered March 8, 2011, and July 11, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion is otherwise denied.
Entered: March 22, 2012
Frances E. Cafarell, Clerk