| WALTER CASPER, III, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 116413) |
| Motion No: CA 10-00067 |
| Slip Opinion No: 2010 NY Slip Op 62079(U) |
| Decided on January 26, 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 10-00067
| WALTER CASPER, III, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 116413) |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on October 16, 2009, and for permission to proceed as a poor person and assignment of counsel,
Now, upon reading and filing the affidavit of Walter Casper, III sworn to December 27, 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, granted and appellant shall perfect the appeal on or before March 29, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
It is further ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is denied, with leave to renew on or before February 24, 2010 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on all parties and the Seneca County Attorney (CPLR 1101 [a] [c]; 22 NYCRR 1000.14 [a]).
It is further ORDERED that the motion for assignment of counsel be, and the same hereby is, not available.
Entered: January 26, 2010
Patricia L. Morgan, Clerk