CARLOS ABREU, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 113651.)
Motion No: CA 10-01226
Slip Opinion No: 2010 NY Slip Op 75862(U)
Decided on June 28, 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 28, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01226

CARLOS ABREU, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 113651.)


Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on December 7, 2009,

Now, upon reading and filing the affidavit of Carlos Abreu sworn to April 26, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, with leave to renew upon filing and serving a new motion with an affidavit showing "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).

It is further ORDERED that the motion is otherwise denied.

Memorandum: Assignment of counsel is not available.

Entered: June 28, 2010

Patricia L. Morgan, Clerk