IN THE MATTER OF THE APPLICATION OF CHARLES MIXON V HAMBURG FOIL OFFICER, CLERK'S OFFICE RICHARD G BOEHM, DEPUTY TOWN
Motion No: CA 24-01510
Slip Opinion No: 2024 NY Slip Op 76332(U)
Decided on September 30, 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.


September 30, 2024

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

CA 24-01510
Index No: I2024-000021

IN THE MATTER OF THE APPLICATION OF CHARLES MIXON,

PETITIONER,

V

HAMBURG FOIL OFFICER, CLERK'S OFFICE RICHARD G BOEHM, DEPUTY TOWN ATTORNEY, RESPONDENTS.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Erie County, entered June 25, 2024, 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 further ORDERED that the Erie 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 Erie in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Memorandum: Assignment of counsel is not available.

Entered: September 30, 2024

Ann Dillon Flynn

Clerk of the Court