| Newkirk v State of New York |
| Motion No: 2005-11746 |
| Slip Opinion No: 2006 NYSlipOp 64449(U) |
| Decided on March 2, 2006 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M36540
A/nal
ROBERT W. SCHMIDT, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-11746
Kevin Newkirk, appellant, v State of New York, respondent. (Claim No. 106090)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a decision of the Court of Claims, dated October 17, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from a judgment of the same court dated November 22, 2005 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
SCHMIDT, J.P., KRAUSMAN, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court