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

DOCKET NO. CA 17-01380

MELINDA MARTINEAU, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF J.G., AN INFANT UNDER THE AGE OF FOURTEEN YEARS, PLAINTIFF-APPELLANT, V JAMES DICASTRO AND DISCASTRO EXCAVATING, DEFENDANTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 16, 2017,

Now, upon reading and filing the statement of Peter S. Palewski, Esq., dated April 4, 2017, the affidavit of Melinda Martineau sworn to April 11, 2017, 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

It is further ORDERED that the Clerk of the County of Oneida 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 Oneida in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Entered: August 22, 2017

Frances E. Cafarell, Clerk