MOTION NO. 258 JOHN D. JUSTICE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 114445.)
Motion No: CA 09-00449
Slip Opinion No: 2010 NY Slip Op 75068(U)
Decided on June 11, 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.


June 11, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

CA 09-00449

MOTION NO. 258

JOHN D. JUSTICE, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 114445.)


Claimant-appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 19, 2010, and for leave to proceed as a poor person,

Now, upon reading and filing the affidavit of John D. Justice sworn to April 2, 2010, the notice of motion with proof of service thereof, the affirmation of Julie S. Mereson, Esq. dated April 20, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is denied, and

It is further ORDERED that the motion insofar as it seeks leave to proceed as a poor person relief is dismissed as unnecessary.

Entered: June 11, 2010

Patricia L. Morgan, Clerk