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

DOCKET NO. CA 14-00132

KELLY A. LANGDON, PLAINTIFF-RESPONDENT, V DANIEL J. LANGDON, DEFENDANT-APPELLANT. (Index No. 45167.)

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 27, 2013,

Now, upon reading and filing the affidavits of Daniel J. Langdon sworn to March 3, 2014, 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 the motion is otherwise denied, and

It is further ORDERED that the Clerk of the County of Wyoming 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 Wyoming in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Memorandum: Assignment of counsel is not available.

Entered: March 26, 2014

Frances E. Cafarell, Clerk