CHRISTOPHER HALLING, CLAIMANT- V THE STATE OF NEW YORK
Motion No: CA 08-02035
Slip Opinion No: 2008 NYSlipOp 86966(U)
Decided on October 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.


October 21, 2008

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

DOCKET NO. CA 08-02035

CHRISTOPHER HALLING, 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 July 31, 2008,

Now, upon reading and filing the affidavit of Christopher Halling sworn to September 23, 2008, the affidavit of Dominic Pellegrino sworn to September 25, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Michael S Buskus dated October 8, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, 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.

Entered: October 21, 2008

JoAnn M. Wahl, Clerk