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

DOCKET NO. CA 17-00093
DOCKET NO. CA 17-02033

MARK F. GRAVES, JR., PLAINTIFF-APPELLANT, V JESSICA R. HUFF, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) MARK F. GRAVES, JR., PLAINTIFF-APPELLANT, V JESSICA R. HUFF FORMERLY KNOWN AS JESSICA R. GRAVES, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 7, 2016 (appeal No. 1.), and having moved for permission to proceed as a poor person and for assignment of counsel in the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 5, 2017 (appeal No. 2), and having moved to consolidate the appeals,

Now, upon reading and filing the affirmation of James A. Hobbs, Esq., dated November 20, 2017, the affidavit of Mark F. Graves sworn to November 15, 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 insofar as it seeks to vacate dismissal of appeal No. 1 is granted, on the condition that appellant perfects the appeal on or before February 5, 2018, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person in appeal No. 2 is granted, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel in appeal No. 2 is granted to the extent that Timothy Donaher, Esq., 10 N. Fitzhugh Street, Rochester, NY 14614, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Timothy P. Donaher, Esq., 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, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from orders entered September 7, 2016, and September 5, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 6, 2017

Mark W. Bennett, Clerk