| SHAWN GREEN, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 112892.) |
| Motion No: CA 11-00437 |
| Slip Opinion No: 2011 NY Slip Op 67765(U) |
| Decided on March 23, 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 11-00437
| SHAWN GREEN, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 112892.) |
Appellant having moved for permission to proceed as a poor person, to vacate dismissal on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on January 15, 2010, and for other relief,
Now, upon reading and filing the affidavit of Shawn Green sworn to February 11, 2011, 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 to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before May 23, 2011, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and the motion is otherwise denied, 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.
Entered: March 23, 2011
Patricia L. Morgan, Clerk