| ALFRED MILLER, CLAIMANT- V THE STATE OF NEW YORK |
| Motion No: CA 06-01649 |
| Slip Opinion No: 2008 NYSlipOp 62427(U) |
| Decided on January 28, 2008 |
| 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 06-01649
| ALFRED MILLER, CLAIMANT-APPELLANT, V THE STATE OF NEW YORK,
DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said Court on October 17, 2005, and to vacate dismissal of the appeal,
Now, upon reading and filing the affidavits of Alfred Miller sworn to December 22, 2007, the notices of motion with proof of service thereof, the opposing affirmation of
Kathleen M. Arnold dated January 15, 2008, the reply statement of Alfred A. Miller dated January 20, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, denied as untimely (see NYCRR 1000.13 [g]).
Entered: January 28, 2008
JoAnn M. Wahl, Clerk