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

DOCKET NO. CA 09-00028

MIKE HENRIQUEZ, 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 a judgment of the Court of Claims entered in the Office of the Clerk of said Court on November 13, 2008, for assignment of counsel, and for permission to proceed on a lesser number of copies of the record and brief,

Now, upon reading and filing the affidavit of Mike Henriquez sworn to December 24, 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. The minimum number of copies of the brief and the record on appeal is set forth in 22 NYCRR 1000.14 (c).

Entered: January 22, 2009

JoAnn M. Wahl, Clerk