KIRK HAUSER V ROCHESTER REGIONAL HEALTH, ROCHESTER GENERAL HOSPITAL, MINA OHM, ADRIAN LEIBOVICI, MARY MAROCCO, ROBERT
Motion No: CA 22-00232
Slip Opinion No: 2023 NY Slip Op 62167(U)
Decided on February 14, 2023
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.


February 14, 2023

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 22-00232

KIRK HAUSER, PLAINTIFF-APPELLANT,

V

ROCHESTER REGIONAL HEALTH, ROCHESTER GENERAL

HOSPITAL, MINA OHM, ADRIAN LEIBOVICI, MARY MAROCCO, ROBERT

ROHAN, TONIA JONES, RYAN PERRUCCIO, DEFENDANTS-RESPONDENTS.

Index No: E2021005717/2022


Appellant having moved for permission to proceed as a poor person and having moved to vacate the dismissal of the appeal (denominated motion for an extension of time to perfect )taken herein from an order of the Supreme Court, Monroe County, entered December 22, 2021,

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 stenographic copy out of any recovery by judgment or settlement, and

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 March 20, 2023.

Entered: February 14, 2023

Ann Dillon Flynn

Clerk of the Court