| RAUL RIVERA, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 110682.) |
| Motion No: CA 11-00868 |
| Slip Opinion No: 2011 NY Slip Op 79315(U) |
| Decided on July 27, 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 11-00868
| RAUL RIVERA, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 110682.) |
Appellant having moved for permission to proceed as a poor person and `for an 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 July 28, 2010,
Now, upon reading and filing the affirmation of Milton Zelermyer, Esq., dated July 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 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]), and
It is further ORDERED that the motion insofar as it seeks to extend the time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered May 4, 2011, is hereby amended by deleting the date July 8, 2011, and inserting in its place the date September 6, 2011.
Entered: July 27, 2011
Patricia L. Morgan, Clerk