| L.D. BURTON V MANUFACTURERS AND TRADERS TRUST COMPANY |
| Motion No: CA 12-01669 |
| Slip Opinion No: 2012 NY Slip Op 85428(U) |
| Decided on September 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-01669
| L.D. BURTON, PLAINTIFF-APPELLANT, V
MANUFACTURERS AND TRADERS TRUST COMPANY, 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 Supreme Court entered in the Office of the Clerk of the County of Erie on August 1, 2012, and other relief,
Now, upon reading and filing the affidavit of L.D. Burton sworn to August 31, 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 motion is otherwise denied, 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.
Memorandum: Assignment of counsel is not available.
Entered: September 20, 2012
Frances E. Cafarell, Clerk