PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00638

SHAWN GREEN, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 111900.)

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said Court on July 23, 2010, and for other relief,

Now, upon reading and filing the affidavit of Shawn Green sworn to March 7, 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 permission to proceed as a poor person 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 granted to the extent that appellant shall perfect the appeal on or before July 18, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the notice of appeal dated August 19, 2010, shall be treated as valid as to the judgment dated July 23, 2010.

Entered: April 27, 2011

Patricia L. Morgan, Clerk