| RICHARD MULLEN, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 116118.) |
| Motion No: CA 10-02353 |
| Slip Opinion No: 2010 NY Slip Op 91726(U) |
| Decided on December 20, 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 10-02353
| RICHARD MULLEN, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 116118.) |
Appellant having moved for permission to proceed as a poor person and for a 60-day extension of time to perfect the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on August 13, 2010,
Now, upon reading and filing the affidavit of Richard Mullen sworn to November 24, 2010, and 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 seeks permission to proceed as a poor person by is granted, and
It is further ORDERED that the Clerk of the Court of Claims is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the Court of Claims in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see NYCRR 1000.13 [f]).
Entered: December 20, 2010
Patricia L. Morgan, Clerk