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

DOCKET NO. CA 15-00423

JUDITH A. HORTON, PLAINTIFF-RESPONDENT, V JAMES E. HORTON, DEFENDANT-APPELLANT. (Index No.

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 Wayne on January 9, 2015,

Now, upon reading and filing the affidavits of James E. Horton sworn to May 6, 2015, 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 the motion is otherwise denied, and

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

Memorandum: Assignment of counsel is not available.

Entered: June 2, 2015

Frances E. Cafarell, Clerk