PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01479

AARON M. WILLEY, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 114519.)

Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on November 29, 2012, and having moved to vacate dismissal of the appeal,

Now, upon reading and filing the affidavit of Aaron Willey sworn to December 5, 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 insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the Court of Claims is hereby directed to provide appellant with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that appellant shall pay costs and fees and any sum expended by the Court of Claims in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and

It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal on the condition that appellant perfects the appeal on or before March 3, 2014.

Memorandum: Assignment of counsel is not available.

Entered: January 2, 2014

Frances E. Cafarell, Clerk