EVAN COLLINS AND FELICIA COLLINS, CLAIMANTS- V THE STATE OF NEW YORK
Motion No: CA 08-02575
Slip Opinion No: 2009 NYSlipOp 60279(U)
Decided on January 5, 2009
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.


January 5, 2009

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

DOCKET NO. CA 08-02575

EVAN COLLINS AND FELICIA COLLINS, CLAIMANTS-APPELLANTS,

V

THE STATE OF NEW YORK, DEFENDANT-RESPONDENT.


Appellants having moved for an extension of time to perfect the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on January 28, 2008, and for permission to proceed as poor persons,

Now, upon reading and filing the affirmation of Louis Rosado dated December 11, 2008, the affidavit of Felicia Jones Collins sworn to December 10, 2008, the statement of Evan Collins dated December 5, 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, granted, appellants are granted permission to proceed as poor persons, and appellants shall perfect the appeal on or before February 11, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 5, 2009

JoAnn M. Wahl, Clerk