Simmons v State of New York
Motion No: 2013-01559
Slip Opinion No: 2013 NY Slip Op 69869(U)
Decided on April 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M154221

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2013-01559, 2013-01560, 2013-03353

Alphonso Simmons, appellant,

v State of New York, respondent.

(Claim No. 114664)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from a decision of the Court of Claims dated June 7, 2012, a judgment of the same court dated August 15, 2012, and an order of the same court dated November 27, 2012, for poor person relief, 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. 2013-03353) 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 motion is denied.

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court