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

DOCKET NO. CA 13-01014

JESSICA RYAN, PLAINTIFF-APPELLANT, V HECTOR B. SANTANA, M.D. AND JAMES B. TURCHIK, M.D., DEFENDANTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oswego on March 4, 2013, for an extension of time to perfect the appeal, and for other relief,

Now, upon reading and filing the affidavit of Joanne Van Dyke, Esq., sworn to October 16, 2013, the affidavit of Jessica Ryan sworn to August 5, 2013, the notice of motion with proof of service thereof, and the affirmation of Jenna W. Klucsik, Esq., dated October 24, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks permission to proceed as a poor person on the ground that appellant failed to set forth whether any other person is beneficially interested in any recovery sought, including any contingent fee agreements, and, if so, whether every such person is unable to pay such costs, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal, and appellant shall perfect the appeal on or before February 10, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: Assignment of counsel is not available. No further extensions of time to perfect the appeal will be granted.

Entered: December 11, 2013

Frances E. Cafarell, Clerk