| JOSEPH M. JONES, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 125941.) |
| Motion No: CA 16-01379 |
| Slip Opinion No: 2016 NY Slip Op 89804(U) |
| Decided on October 25, 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 16-01379
| JOSEPH M. JONES, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 125941.) |
Appellant having moved for permission to proceed as a poor person, assignment of counsel and for an extension of time to perfect the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on May 2, 2016,
Now, upon reading and filing the affidavits of Joseph Jones sworn to October 4, 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 is denied on the grounds that appellant failed to include 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 motion insofar as it seeks assignment of counsel is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Memorandum: Assignment of counsel is not available.
Entered: October 25, 2016
Frances E. Cafarell, Clerk