| BERTRAM PAYNE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 115204.) |
| Motion No: CA 13-01081 |
| Slip Opinion No: 2013 NY Slip Op 79284(U) |
| Decided on July 8, 2013 |
| 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 13-01081
| BERTRAM PAYNE, CLAIMANT-APPELLANT, V STATE OF
NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 115204.) |
Appellant having moved for permission to proceed as a poor person, assignment of counsel and for transcripts and records of the proceedings without a fee on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on April 2, 2013,
Now, upon reading and filing the affidavit of Bertram Payne sworn to May 26, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon filing and serving a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Memorandum: Assignment of counsel is not available.
Entered: July 8, 2013
Frances E. Cafarell, Clerk