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

DOCKET NO. CA 15-00701

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 and assignment of counsel on the appeal taken herein from a decision of the Court of Claims entered in the Office of the Clerk of said court on February 4, 2015, and for other relief,

Now, upon reading and filing the affidavits of Bertram Payne, Esq., sworn to March 25, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person is denied, with leave to renew upon filing and serving a new motion which includes, among other things, 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]), and

It is further ORDERED that the notice of appeal from the decision entered February 4, 2015, is deemed to be a valid notice of appeal from the judgment of the Court of Claims dated February 13, 2015 (see CPLR 5520 [c]), and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.

Memorandum: Assignment of counsel is not available.

Entered: May 22, 2015

Frances E. Cafarell, Clerk