| Collazo v State of New York |
| Motion No: 2012-10153 |
| Slip Opinion No: 2013 NY Slip Op 67833(U) |
| Decided on March 20, 2013 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M153244
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2012-10153, 2012-010154 Pedro Collazo, appellant, v State of New York, respondent. (Claim No. 117604)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute appeals from a decision of the Court of Claims dated July 17, 2012, and a judgment of the same court dated September 7, 2012, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2012-10153) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel with respect to the appeal from the decision is denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order on the original papers is granted, and that appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel with respect to the appeal from the order are denied; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order by causing the original papers constituting the record on that appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on that appeal is enlarged until May 10, 2013.
ENG, P.J., RIVERA, DICKERSON and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court