HOWARD R. WHITE, ALSO KNOWN AS PROPHET V SUPERINTENDENT, AMY LAMANNA
Motion No: CA 24-00171
Slip Opinion No: 2024 NY Slip Op 61583(U)
Decided on January 29, 2024
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.


January 29, 2024

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

CA 24-00171
Index No: 2014-0345

HOWARD R. WHITE, ALSO KNOWN AS PROPHET,

PETITIONER,

V

SUPERINTENDENT, AMY LAMANNA, RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Seneca County, entered October 28, 2022, and for other relief,

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 hereby ORDERED that the Seneca 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 hereby ORDERED that appellant shall pay costs and fees and any sum expended by the County of Seneca in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and

It is further ORDERED that the motion to vacate the dismissal of the appeal is granted on the condition that the appeal is perfected on or before March 29, 2024.

Memorandum: Assignment of counsel is not available.

Entered: January 29, 2024

Ann Dillon Flynn

Clerk of the Court