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

DOCKET NO. CA 16-00503

ANDRE HALL, PLAINTIFF-APPELLANT, V NATHANIEL GRAHAM, JN HENNINGS-EPPS, SHYNEKA MCCOWN, DEFENDANTS-RESPONDENTS.

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 October 15, 2015, and having moved for reargument of the orders entered April 14, 2016, and June 14, 2016, and for other relief,

Now, upon reading and filing the statement and affidavits of Andre Hall dated May 30, 2016, the notice of motion with proof of service thereof, and the affirmation of Kris E. Lawrence, Esq., dated June 30, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissals of the appeal is granted on the condition that appellant perfects the appeal on or before September 6, 2016, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, 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, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: Assignment of counsel is not available.

Entered: July 7, 2016

Frances E. Cafarell, Clerk