| PHILLIP P. BATTEASE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 120512.) |
| Motion No: CA 13-01877 |
| Slip Opinion No: 2013 NY Slip Op 90558(U) |
| Decided on November 1, 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 13-01877
| PHILLIP P. BATTEASE, CLAIMANT-APPELLANT, V STATE
OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 120512.) |
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 29, 2013,
Now, upon reading and filing the affidavit of Phillip P. Battease sworn to September 22, 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 the motion insofar as it seeks permission to proceed as a poor person 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]).
Entered: November 1, 2013
Frances E. Cafarell, Clerk