| PHILIP LYONS, CLAIMANT- V THE STATE OF NEW YORK (CLAIM NO. 113617) |
| Motion No: CA 09-02343 |
| Slip Opinion No: 2009 NY Slip Op 93037(U) |
| Decided on December 29, 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 09-02343
| PHILIP LYONS, CLAIMANT-APPELLANT, V THE STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 113617) |
Appellant having renewed the motions for permission to proceed as a poor person and for an extension of time to perfect the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on January 23, 2009,
Now, upon reading and filing the affidavits of Philip Lyons sworn to December 14, 2009, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, granted and appellant shall perfect the appeal on or before March 5, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, 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.
Entered: December 29, 2009
Patricia L. Morgan, Clerk