| CHARTER ONE BANK, FSB V RICHARD F. MILLS, JUDY L. MILLS, |
| Motion No: CA 12-02062 |
| Slip Opinion No: 2012 NY Slip Op 91926(U) |
| Decided on November 29, 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 12-02062
| CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT, V
RICHARD F. MILLS, JUDY L. MILLS, ET AL., DEFENDANTS-APPELLANTS. |
Appellant Richard F. Mills having moved for permission to proceed as a poor person, for assignment of counsel and for other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on October 10, 2012,
Now, upon reading and filing the affidavits of Richard Mills sworn to October 13, 2012, and October 15, 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 insofar as it seeks 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 Genesee 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 Genesee in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Memorandum: Assignment of counsel is not available.
Entered: November 29, 2012
Frances E. Cafarell, Clerk