| VICTOR DE PONCEAU, CLAIMANT- V STATE OF NEW YORK |
| Motion No: CA 09-02100 |
| Slip Opinion No: 2009 NY Slip Op 90750(U) |
| Decided on December 7, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-02100
| VICTOR DE PONCEAU, 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 the Clerk of said Court on September 11, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavits of Victor Altheus DePonceau sworn to November 17, 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.
Memorandum Appellant has failed to set forth "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: December 7, 2009
Patricia L. Morgan, Clerk