| CAPITAL ONE BANK (USA), N.A. V JAMES FLUKER (Index No. 607641/11) |
| Motion No: CA 13-01293 |
| Slip Opinion No: 2013 NY Slip Op 81188(U) |
| Decided on July 31, 2013 |
| 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 13-01293
| CAPITAL ONE BANK (USA), N.A., PLAINTIFF-RESPONDENT,
V JAMES FLUKER, DEFENDANT-APPELLANT. (Index No. 607641/11) |
Appellant having moved for permission to proceed as a poor person 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 May 3, 2013,
Now, upon reading and filing the affidavit of James Fluker sworn to July 15, 2013, 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
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide appellant with copies of all 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, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, 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.
Entered: July 31, 2013
Frances E. Cafarell, Clerk