JOHN ENNIS, CLAIMANT- V THE STATE OF NEW YORK (CLAIM NO. 112001.)
Motion No: CA 09-00694
Slip Opinion No: 2009 NY Slip Op 70367(U)
Decided on April 20, 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.


April 20, 2009

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

DOCKET NO. CA 09-00694

JOHN ENNIS, CLAIMANT-APPELLANT,

V

THE STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 112001.)


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 on January 15, 2009,

Now, upon reading and filing the affidavit of John Ennis sworn to March 3, 2009, 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 20, 2009, 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 20, 2009

Patricia L. Morgan, Deputy Clerk