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

CA 19-02074

JONATHAN JOHNSON, PLAINTIFF-APPELLANT, V HAROLD GRAHAM AND CHERYL PARMITER, DEFENDANTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Cayuga County, entered March 7, 2019, and having moved to vacate dismissal of the appeal (denominated a motion for an extension of time to perfect),

Now, upon reading and filing the papers with respect to the motion, 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 Cayuga 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 Cayuga in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and

It is further ORDERED that the motion is otherwise granted to the extent that the dismissal of the appeal is vacated on the condition that the appeal is perfected on or before January 24, 2020.

Entered: November 25, 2019

Mark W. Bennett

Clerk of the Court