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

DOCKET NO. CA 12-01352
(Motion No. CM-80362)
DOCKET NO. CA 12-01353
(Motion No. CM-80617)

MANUEL MARTINEZ, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 119899.) MANUEL MARTINEZ, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 119899)

Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeals taken herein from orders of the Court of Claims entered in the Office of the Clerk of said court on May 16, 2012,

Now, upon reading and filing the affidavit of Manuel Martinez sworn to July 9, 2012, the notice of motion with proof of service thereof, and all papers submitted therewith, 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 granted, 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 12, 2012

Frances E. Cafarell, Clerk