| PETER R MORGAN V VILLAGE OF MOHAWK, MOHAWK, NEW YORK -. |
| Motion No: CA 24-00242 |
| Slip Opinion No: 2025 NY Slip Op 69243(U) |
| Decided on April 28, 2025 |
| 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-00242
Index No: 2021-107699
| PETER R MORGAN, PLAINTIFF-APPELLANT, V VILLAGE OF MOHAWK,
MOHAWK, NEW YORK DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Herkimer County, entered September 14, 2023, 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 Herkimer 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 Herkimer 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 to vacate the dismissal of the appeal is granted on the condition that the appeal is perfected on or before June 27, 2025.
Entered: April 28, 2025
Ann Dillon Flynn
Clerk of the Court