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

DOCKET NO. CA 12-01968

BARBARA GRASSO, PLAINTIFF-APPELLANT, V ROBERT MCCOY, DEFENDANT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on September 18, 2012,

Now, upon reading and filing the affidavit of Barbara Grasso sworn to October 3, 2012, the affidavit of David A. Longeretta, Esq., sworn to October 3, 2012, the notice of motion with proof of service thereof, and the affidavit of Richard A. Frye, Esq., sworn to October 24, 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 Herkimer 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 Herkimer in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Entered: November 9, 2012

Frances E. Cafarell, Clerk