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

CA 24-00322

RICKY WALLACE, PLAINTIFF-APPELLANT, V WILLIAM R. KINNEY AND ROCHESTER GAS & ELECTRIC, DEFENDANT-RESPONDENT. Index No: I2011012862

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 July 24, 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 insofar as it seeks 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 September 27, 2024, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Memorandum: No further extensions of time to perfect will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: August 12, 2024

Ann Dillon Flynn

Clerk of the Court