| DAVID GARCIA, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 120256.) |
| Motion No: CA 13-01209 |
| Slip Opinion No: 2013 NY Slip Op 85763(U) |
| Decided on September 18, 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 13-01209
| DAVID GARCIA, CLAIMANT-APPELLANT, V STATE OF NEW
YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 120256.) |
Appellant having moved for permission to proceed as a poor person and for 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 July 16, 2012,
Now, upon reading and filing the affidavits of David Garcia sworn to July 23, 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 dismissed with leave to renew upon making a new motion for the same relief that includes a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: September 18, 2013
Frances E. Cafarell, Clerk