| DEBORAH DRAKE, V RICHARD MUNDRICK, . |
| Motion No: CA 15-01022 |
| Slip Opinion No: 2015 NY Slip Op 82131(U) |
| Decided on August 20, 2015 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., LINDLEY, SCONIERS, VALENTINO, AND DEJOSEPH, JJ.
DOCKET NO. CA 15-01022
(Index No. 2011-10984.)
| DEBORAH DRAKE, PLAINTIFF-APPELLANT-RESPONDENT, V RICHARD
MUNDRICK, DEFENDANT-RESPONDENT-APPELLANT. |
Defendant having moved to dismiss plaintiff's appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 27, 2015, on the ground that plaintiff failed to perfect timely the appeal, and having moved for a continuation of the stay granted from this Court's order entered June 23, 2015, and
Plaintiff having separately moved for permission to proceed as a poor person on the appeals taken from the order and judgment entered April 27, 2015,
Now, upon reading and filing the affirmations of Stuart L. Levison, Esq., dated July 21, and July 31, 2015, the affirmations of Maureen A. Pineau, Esq., dated July 24, 2015, and the affidavit of Deborah Drake sworn to July 24, 2015, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that defendant's motion insofar as it seeks to dismiss the appeal for failure to timely perfect is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 19, 2015, and
It is further ORDERED that defendant's motion insofar as it seeks to maintain the stay is granted, and
It is further ORDERED that plaintiff's motion for permission to proceed as a poor person is granted, and
It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide plaintiff 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 plaintiff shall pay costs and fees and any sum expended by the County of Monroe in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: August 20, 2015
Frances E. Cafarell, Clerk