| JOHN HATZFELD, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 118925.) |
| Motion No: CA 12-00081 |
| Slip Opinion No: 2012 NY Slip Op 63651(U) |
| Decided on February 2, 2012 |
| 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 12-00081
| JOHN HATZFELD, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 118925.) |
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 October 19, 2011,
Now, upon reading and filing the affidavits of John Hatzfeld sworn to January 6, 2012, 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 the motion is otherwise 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: February 2, 2012
Frances E. Cafarell, Clerk