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

DOCKET NO. CA 12-00700
(Index No. I2011-000049)

IN THE MATTER OF GINGER JONES, PETITIONER-APPELLANT, V GEICO INSURANCE COMPANY, RESPONDENT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person and for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 29, 2011,

Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated April 6, 2012, the affidavit of Ginger Jones sworn to April 6, 2012, the notice of motion with proof of service thereof, and the affirmation of Mark A. Forden, Esq., dated April 20, 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 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 and appellant shall perfect the appeal on or before May 14, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 1, 2012

Frances E. Cafarell, Clerk