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

DOCKET NO. CA 13-02070

PEGGY J. SMITH, PLAINTIFF-APPELLANT, V CITY OF BUFFALO, DEFENDANT-RESPONDENT.

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 January 22, 2013, and having moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated November 22, 2013, the affidavit of Peggy Smith sworn to November 21, 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 insofar as it seeks 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, and

It is further ORDERED that motion insofar as it seeks an extension of time to perfect

the appeal is granted, and appellant shall perfect the appeal on or before March 31, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 30, 2014

Frances E. Cafarell, Clerk