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

CA 21-00131
Index No: 801695-2019

MORGAN JAMIE DUNBAR AND CAMERON MACNORE, PLAINTIFFS-APPELLANTS, V WOMEN & CHILDREN'S HOSPITAL OF BUFFALO AND ITS SUCCESSORS IN INTEREST, INCLUDING CORPORATIONS AND/OR ENTITIES, JOHN R. OISHEI CHILDREN'S HOSPITAL PREVIOUSLY KNOWN AS WOMEN & CHILDREN'S HOSPITAL OF BUFFALO, KALEIDA HEALTH, INC., ASHELY SMITH, P.A., ANN E. SKROBACZ, P.A., DEBRA M. ERCKERT, R.N., DENISE M. MEISSNER, R.N., EILEEN STEWART, CNM, BUFFALO MIDWIFERY SERVICES, PLLC, DEFENDANTS-RESPONDENTS, ET AL. DEFENDANTS.

Appellants having moved for permission to proceed as poor people on the appeal taken herein from an order of the Supreme Court, Erie County, entered June 2, 2020,

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 with respect to appellant Morgan Jamie Dunbar, and

It is further ORDERED that the Erie County Clerk provide appellant Morgan Jamie Dunbar with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that appellant Morgan Jamie Dunbar 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 dismissed without prejudice to appellant Cameron MacNore making a new motion for the same relief that includes, among other things, a motion to vacate dismissal of the appeal (see 22 NYCRR 1250.10 [c]).

Entered: April 13, 2021

Mark W. Bennett

Clerk of the Court