EUGENE W. SIDNEY, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 117786.)
Motion No: CA 10-02458
Slip Opinion No: 2011 NY Slip Op 67776(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.


March 23, 2011

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 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 February 18, 2011, and the motion dated February 18, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Appellant failed to file and serve with this motion an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a] and 22 NYCRR 1000.14 [a]).

Entered: March 23, 2011

Patricia L. Morgan, Clerk