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

DOCKET NO. CA 15-01914
(INDEX NO. 2015-714.)

IN THE MATTER OF JASON ESPOSITO, PETITIONER-APPELLANT, V HELEN DIANE FOSTER, AS COMMISSIONER OF NEW YORK STATE DIVISION OF HUMAN RIGHTS, VALERIE P. DENT, AS FIRST DEPUTY COMMISSIONER OF NEW YORK STATE DIVISION OF HUMAN RIGHTS, AND NEW YORK STATE DIVISION OF HUMAN RIGHTS, RESPONDENTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person and for leave to appeal to this Court from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 16, 2015,

Now, upon reading and filing the affidavits of Jason Esposito sworn to November 9, 2015, the affidavit of Judith Esposito sworn to October 13, 2015, the notice of motion with proof of service thereof, and the statement of Julie M. Sheridan, Esq., dated November 18, 2015, 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

It is further ORDERED that the Clerk of the County of Onondaga 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 the motion insofar as it seeks leave to appeal to this Court is dismissed as unnecessary on the ground that appellant has taken an appeal as of right from the order and judgment (see CPLR 5701 [a] [1]).

Entered: December 2, 2015

Frances E. Cafarell, Clerk