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

DOCKET NO. CA 13-00011
(Index No. I-2012-1134)

IN THE MATTER OF DANIEL JONES, PETITIONER-APPELLANT, V ERIE COUNTY CLERK'S OFFICE, RESPONDENT-RESPONDENT.

Appellant having moved for an extension of time to perfect 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 10, 2012, for permission to proceed as a poor person, and for other relief,

Now, upon reading and filing the affidavit of Daniel Jones sworn to July 8, 2013, the notice of motion with proof of service thereof, and the affirmation of Jeremy C. Toth, Esq., dated July 19, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the dismissal of the appeal from the order entered August 10, 2012, is vacated on the condition that appellant perfects the appeal on or before October 18, 2013, and

It is further ORDERED that the motion insofar as it seeks to permission to proceed as a poor person is dismissed on the ground that it has already been granted, and

It is further ORDERED that the motion is otherwise granted to the extent that the Erie County Clerk is to directed to provide appellant with one copy of any paper or document on file with the Clerk's office that is relevant and necessary to the appeal.

Entered: August 19, 2013

Frances E. Cafarell, Clerk