1102 - Privileges of poor person.

§  1102.  Privileges  of  poor  person. (a) Attorney. The court in its  order permitting a person to proceed as a  poor  person  may  assign  an  attorney.    (b) Stenographic transcript. Where a party has been permitted by order  to  appeal  as a poor person, the court clerk, within two days after the  filing of said order with him, shall so notify the  court  stenographer,  who,  within twenty days of such notification shall make and certify two  typewritten transcripts of the stenographic minutes  of  said  trial  or  hearing, and shall deliver one of said transcripts to the poor person or  his  attorney,  and file the other with the court clerk together with an  affidavit of the fact and date of such delivery and filing. The  expense  of  such transcripts shall be a county charge or, in the counties within  the city of New York, a city charge, as the case may be, payable to  the  stenographer  out  of  the  court fund upon the certificate of the judge  presiding at the trial or hearing. A poor person may be furnished with a  stenographic transcript without fee by order of the court in proceedings  other than appeal, the fee therefor to be paid by the county or, in  the  counties within the city of New York by the city, as the case may be, in  the  same  manner  as is paid for transcripts on appeal. Notwithstanding  this  or  any  other  provision  of  law,  fees  paid  for  stenographic  transcripts with respect to those proceedings specified in paragraph (a)  of  subdivision one of section thirty-five of the judiciary law shall be  paid by the state in  the  manner  prescribed  by  subdivision  four  of  section thirty-five of the judiciary law.    (c)  Appeals.  On  an appeal or motion for permission to appeal a poor  person may submit typewritten  briefs  and  appendices,  furnishing  one  legible copy for each appellate justice.    (d)  Costs and fees. A poor person shall not be liable for the payment  of any costs or fees unless a recovery by judgment or by  settlement  is  had  in  his favor in which event the court may direct him to pay out of  the recovery all or part of the costs and fees, a reasonable sum for the  services and expenses of his attorney and any sum expended by the county  or city under subdivision (b).