| EDDIE JAMES LEE, SR., CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 123630.) |
| Motion No: CA 15-02067 |
| Slip Opinion No: 2016 NY Slip Op 61331(U) |
| Decided on January 14, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-02067
| EDDIE JAMES LEE, SR., CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 123630.) |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on October 15, 2015, and for permission to appeal,
Now, upon reading and filing the affidavits of Eddie James Lee, Sr. sworn to November 23, 2015, and December 1, 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 insofar as it seeks permission to proceed as a poor person is denied on the ground that the facts set forth by claimant fail to demonstrate merit to the appeal, and
It is further ORDERED that the motion insofar as it seeks permission to appeal is dismissed as unnecessary on the ground that claimant has an appeal as of right (see Court of Claims Act § 24).
Entered: January 14, 2016
Frances E. Cafarell, Clerk