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

DOCKET NO. CA 17-01546

QUINTIN A. NOWLIN, PLAINTIFF-APPELLANT, V CHARLIE SCHIANO, JR., ESQ., CHARLIE SCHIANO, SR., ESQ., AND THE SCHIANO LAW FIRM, DEFENDANTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person and for 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 Monroe on January 11, 2017,

Now, upon reading and filing the affidavits of Quintin A. Nowlin, Esq., sworn to December 7, 2017, and December 19, 2017, the notice of motion with proof of service thereof, and the affidavit of Charles A. Schiano, Sr., Esq., sworn to December 15, 2017, 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 Monroe 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 Monroe in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Memorandum: Assignment of counsel is not available.

Entered: December 29, 2017

Mark W. Bennett, Clerk