Watkins v State of New York
Motion No: 2009-08750
Slip Opinion No: 2009 NY Slip Op 91678(U)
Decided on December 17, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M96144

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2009-08750

Cathy Watkins, appellant,

v State of New York, respondent.

(Claim Nos. 111970, 113926)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a decision of the Court of Claims dated July 31, 2009, as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court