RASHAD J. MUHAMMAD V TODD K. BAXTER, SHERIFF OF MONROE COUNTY, MONROE COUNTY JAIL OF MONROE COUNTY, AND COUNTY OF
Motion No: CA 21-01402
Slip Opinion No: 2021 NY Slip Op 74554(U)
Decided on October 25, 2021
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 25, 2021

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

CA 21-01402

RASHAD J. MUHAMMAD, PLAINTIFF-APPELLANT,

V

TODD K. BAXTER, SHERIFF OF MONROE COUNTY, MONROE COUNTY

JAIL OF MONROE COUNTY, AND COUNTY OF MONROE, JOTINLY,

SEVERALLY AND INDIVIDUALLY, RESPECTIVELY,

DEFENDANTS-RESPONDENTS.

Index No: 2019/03018


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Monroe County, entered February 28, 2020, and to vacate dismissal of the appeal,

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 Monroe County Clerk provide appellant 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 shall pay costs and fees and any sum expended by the County of Monroe in providing the aforesaid documents out of any recovery by judgment or settlement.

It is further ORDERED that the motion to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before December 27, 2021.

Entered: October 25, 2021

Ann Dillon Flynn

Clerk of the Court