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

DOCKET NO. CA 12-02062
DOCKET NO. CA 13-00517
DOCKET NO. CA 13-00518

CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT, V RICHARD F. MILLS, JUDY L. MILLS, ET AL., DEFENDANTS-APPELLANTS. (Index No. 49663) CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT, V RICHARD F. MILLS, JUDY L. MILLS, ET AL., DEFENDANTS-APPELLANTS. (Index No. 49663) CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT, V RICHARD F. MILLS, JUDY L. MILLS, ET AL., DEFENDANTS-APPELLANTS. (Index No. 49663)

Appellant Richard F. Mills having moved for permission to proceed as a poor person on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Genesee on January 13, 2012 (Docket No. CA 13-00517), and March 4, 2012 (Docket No. CA 13-00518), and having moved for assignment of counsel on said orders and on the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on October 10, 2012 (Docket No. CA 12-02062), and for other relief,

Now, upon reading and filing the affidavits of Richard Mills sworn to March 16, 2013, the notice of motion with proof of service thereof, and the affidavit of Charles N. Zambito, Esq., sworn to March 25, 2013, 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 Genesee is hereby directed to provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's office upon which the appeal is based.

Memorandum: Assignment of counsel is not available.

Entered: April 26, 2013

Frances E. Cafarell, Clerk