RAUL RIVERA, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 110682.)
Motion No: CA 11-00868
Slip Opinion No: 2011 NY Slip Op 82392(U)
Decided on August 29, 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.


August 29, 2011

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 on 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 August 3, 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 for 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.

Entered: August 29, 2011

Patricia L. Morgan, Clerk