| DAVID ALLEN, CLAIMANT- V THE STATE OF NEW YORK |
| Motion No: CA 09-02553 |
| Slip Opinion No: 2010 NY Slip Op 60875(U) |
| Decided on January 4, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02553
| DAVID ALLEN, CLAIMANT-APPELLANT, V THE STATE OF NEW YORK,
DEFENDANT-RESPONDENT. |
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 October 9, 2009,
Now, upon reading and filing the affidavit of David Allen sworn to December 13, 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 February 4, 2010, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: January 4, 2010
Patricia L. Morgan, Clerk