KIRK HAUSER V BETHAN MASTEN, NICOLE BOTT, NICHOLAS VISALLI, BRIGHTON VOLUNTEER AMBULANCE, EILEEN BASINSKI, LINDSAY
Motion No: CA 22-01561
Slip Opinion No: 2023 NY Slip Op 68742(U)
Decided on June 12, 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.


June 12, 2023

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

CA 22-01561

KIRK HAUSER, PLAINTIFF-APPELLANT,

V

BETHAN MASTEN, NICOLE BOTT, NICHOLAS VISALLI,

BRIGHTON VOLUNTEER AMBULANCE, EILEEN BASINSKI,

LINDSAY MALIN, DANIELLE CREAN, AURELIAN NICULESCU,

STEPHANIE RICHARDS, JORDAN MOSICH, STRONG MEMORIAL

HOSPITAL, UNIVERSITY OF ROCHESTER, NICHOLAS MIRAGLIA,

MINA OHM, NUSRAT SHAFIQ, ALEXANDRA FOTIOU, ROCHESTER

REGIONAL HEALTH, UNITY SPECIALTY HOSPITAL,

DEFENDANTS-RESPONDENTS.

Index No: E2022000508/2022


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 August 15, 2022, and for an extension of time to perfect 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 stenographic copy out of any recovery by judgment or settlement, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted and the time is extended to August 14, 2023, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 12, 2023

Ann Dillon Flynn

Clerk of the Court