KEITH BUTLER, CLAIMANT- V STATE OF NEW YORK
Motion No: CA 08-00734
Slip Opinion No: 2008 NYSlipOp 69863(U)
Decided on April 21, 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.


April 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-00734
(MOTION NO. M-73192.)

KEITH BUTLER, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on May 30, 2007, and for assignment of counsel,

Now, upon reading and filing the statement of Keith Terrell Butler dated January 15, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before May 21, 2008 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on the Attorney General (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).

Entered: April 21, 2008

JoAnn M. Wahl, Clerk