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

DOCKET NO. CA 10-02284

ROBERT C. HINTON, JR., CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 118375.)

Appellant having moved for permission to proceed as a poor person, assignment of counsel, and other relief on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on October 12, 2010,

Now, upon reading and filing the statements of Robert C. Hinton, Jr. dated August 14, 2011, 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 by is granted, and dismissal of the appeal is vacated, on the condition that the appeal is perfected on or before December 13, 2011, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is 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.

Memorandum: Assignment of counsel is not available.

Entered: September 14, 2011

Patricia L. Morgan, Clerk