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

DOCKET NO. CA 15-01053

EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI SOUTHERN, INFANT, DECEASED, PLAINTIFF-APPELLANT, V SENZAN HSU, M.D., DEFENDANT-RESPONDENT, VICTOR C. MONEKE, M.D., DEFENDANT, AND CHILDREN'S HOSPITAL OF BUFFALO OF KALEIDA HEALTH, DEFENDANT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person and 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 Erie on April 9, 2015,

Now, upon reading and filing the affidavits of Eartha Southern sworn to September 11, 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 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.

Memorandum: Assignment of counsel is not available.

Entered: October 2, 2015

Frances E. Cafarell, Clerk