Bridges v. University of Rochester

Appellate Division of the Supreme Court of New York

Bridges v. University of Rochester

97 A.D.2d 942, 468 N.Y.S.2d 732, 1983 N.Y. App. Div. LEXIS 20741

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1983

StatusPublished

Cited by1 cases

This text of 97 A.D.2d 942 (Bridges v. University of Rochester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bridges v. University of Rochester, 97 A.D.2d 942, 468 N.Y.S.2d 732, 1983 N.Y. App. Div. LEXIS 20741 (N.Y. Ct. App. 1983).

Pincite

Opinion

Order unanimously affirmed, with costs. Memorandum: Special Term granted plaintiff the right to appeal as a poor [943]*943person in an action for wrongful death as a result of alleged medical malpractice. We affirm. The cost of the trial transcript alone has been estimated at $10,000. Plaintiff has satisfied the requirements of CPLR 1101 (subd [a]) by establishing that she is unable to pay the costs, fees and expenses necessary to perfect this appeal. Plaintiff’s four adult children, who are beneficially interested in the recovery sought, also are unable to pay the costs of appeal. Moreover, plaintiff has established that the appeal is not frivolous (see Nicholas v Reason, 79 AD2d 1113). The trial court has wide discretion in determining who is entitled to poor person relief (Smith v Smith, 2 NY2d 120), and absent a clear abuse of such discretion, not here shown, that determination must not be disturbed. (Appeals from order of Supreme Court, Monroe County, Rosenbloom, J. — poor person relief.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously affirmed, with costs. Memorandum: Special Term granted plaintiff the right to appeal as a poor [943]*943person in an action for wrongful death as a result of alleged medical malpractice. We affirm. The cost of the trial transcript alone has been estimated at $10,000. Plaintiff has satisfied the requirements of CPLR 1101 (subd [a]) by establishing that she is unable to pay the costs, fees and expenses necessary to perfect this appeal. Plaintiff’s four adult children, who are beneficially interested in the recovery sought, also are unable to pay the costs of appeal. Moreover, plaintiff has established that the appeal is not frivolous (see Nicholas v Reason, 79 AD2d 1113). The trial court has wide discretion in determining who is entitled to poor person relief (Smith v Smith, 2 NY2d 120), and absent a clear abuse of such discretion, not here shown, that determination must not be disturbed. (Appeals from order of Supreme Court, Monroe County, Rosenbloom, J. — poor person relief.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

97 A.D.2d 942, 468 N.Y.S.2d 732, 1983 N.Y. App. Div. LEXIS 20741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridges-v-university-of-rochester-nyappdiv-1983.

Opinion

Related

Cite This Page — Counsel Stack