| McCain v State of New York |
| Motion No: 2010-05455 |
| Slip Opinion No: 2010 NY Slip Op 81473(U) |
| Decided on September 3, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M107935
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-05455 Adrian McCain, appellant, v State of New York, respondent.
(Claim No. 117454)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a decision of the Court of Claims dated May 4, 2010, as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the decision dated May 4, 2010, is deemed to be a notice of appeal from a judgment of the Court of Claims dated May 21, 2010 (see CPLR 5512[a]); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.
ANGIOLILLO, J.P., DICKERSON, ENG, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court