| EUGENE W. SIDNEY, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 117786.) |
| Motion No: CA 10-02458 |
| Slip Opinion No: 2011 NY Slip Op 60266(U) |
| Decided on January 4, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02458
| EUGENE W. SIDNEY, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 117786.) |
Appellant having moved for permission to proceed as a poor person and for assignement 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 May 6, 2010,
Now, upon reading and filing the affidavit of Eugene W. Sidney sworn to December 8, 2010, the notice of motion with proof of service thereof, and the statement of Brett C. Granville, Esq. dated December 14, 2010, 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 is denied, with leave to renew upon the filing and service of a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see 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: January 4, 2011
Patricia L. Morgan, Clerk