| JUAN MARQUEZ, CLAIMANT- V STATE OF NEW YORK |
| Motion No: CA 08-00554 |
| Slip Opinion No: 2008 NYSlipOp 69878(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00554
| JUAN MARQUEZ, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. |
Appellant having renewed the motion 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 said Court on January 29, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavits of Juan Marquez sworn to April 7, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the Court of Claims is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the Court of Claims in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Memorandum: Assignment of counsel is not available.
Entered: April 21, 2008
JoAnn M. Wahl, Clerk