| JOHN D. JUSTICE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 114445.) |
| Motion No: CA 09-00449 |
| Slip Opinion No: 2010 NY Slip Op 61997(U) |
| Decided on January 13, 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 09-00449
| JOHN D. JUSTICE, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 114445.) |
An appeal having been taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on February 10, 2009, and appellant having moved to vacate an order of this Court entered November 9, 2009, and for permission to proceed as a poor person on the motion,
Now, upon reading and filing the affidavit of John D. Justice sworn to November 23, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it requests permission to proceed as a poor is denied as unnecessary, as such relief was granted by order entered April 1, 2009, and
It is further ORDERED that the motion is in all other respects denied.
Entered: January 13, 2010
Patricia L. Morgan, Clerk