| GILBERTO AGUDO MARTINEZ V APRIL M. REMBERT |
| Motion No: CA 12-00260 |
| Slip Opinion No: 2012 NY Slip Op 79890(U) |
| Decided on July 20, 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 12-00260
| GILBERTO AGUDO MARTINEZ, PLAINTIFF-APPELLANT, V APRIL M.
REMBERT, DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on December 22, 2011,
Now, upon reading and filing the affidavit and statement of Gilberto Agudo Martinez sworn to and dated June 20, 2012, respectively, 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 motion is otherwise denied, 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.
Memorandum: Assignment of counsel is not available.
Entered: July 20, 2012
Frances E. Cafarell, Clerk