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

DOCKET NO. CA 16-01247

DETROY LIVINGSTON, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 127058.)

Appellant having moved for permission to proceed as a poor person and for other relief on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on May 23, 2016,

Now, upon reading and filing the affidavit of Detroy Livingston sworn to July 8, 2016, 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, appellant may prosecute the appeal upon one record and 10 copies of appellant's brief as set forth in 22 NYCRR 1000.3 (c) (2), and the motion is otherwise denied, 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.

Entered: August 1, 2016

Frances E. Cafarell, Clerk