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

DOCKET NO. CA 11-01596

KEVIN ANDREW LEONARD, PLAINTIFF-RESPONDENT, V TERRI LYNN LEONARD, DEFENDANT-APPELLANT.

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 Monroe on June 29, 2011,

Now, upon reading and filing the affirmation Robert J. Lunn, Esq., dated March 12, 2012, the affidavit of Terri Lynn Leonard sworn to February 28, 2012, the notice of motion with proof of service thereof, the statement of Brett C. Granville, Esq., dated March 23, 2012, the affirmation of Maureen A. Pineau, Esq., dated March 29, 2012, and the affirmation of Kevin Andrew Leonard sworn to March 29, 2012, 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 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: April 5, 2012

Frances E. Cafarell, Clerk