| EUGENE W. SIDNEY, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 117786.) |
| Motion No: CA 10-02458 |
| Slip Opinion No: 2011 NY Slip Op 88662(U) |
| Decided on November 2, 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 10-02458
| EUGENE W. SIDNEY, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 117786.) |
Appellant having moved for reconsideration of this Court's order entered March 23, 2011, denying appellant's motion 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 May 6, 2010,
Now, upon reading and filing the affidavit of Eugene W. Sidney sworn to October 3, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal pursuant to 22 NYCRR 1000.13 (g).
Entered: November 2, 2011
Patricia L. Morgan, Clerk