| JORGE L. LINARES, CLAIMANT- V STATE OF NEW YORK |
| Motion No: CA 11-02110 |
| Slip Opinion No: 2011 NY Slip Op 88646(U) |
| Decided on November 1, 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 11-02110
| JORGE L. LINARES, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel 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 18, 2011,
Now, upon reading and filing the affidavit of Jorge L. Linares sworn to July 21, 2011, the notice of motion with proof of service thereof, and the affidavit of John L. Sabik, Esq., sworn to October 7, 2011, 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 is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: November 1, 2011
Patricia L. Morgan, Clerk