Appellate Division: Second Judicial Department

M224671

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-11571 Raphael Ceara, appellant, v State of New York, respondent. (Claim No. 125876)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims dated April 12, 2016, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter on the ground that the appeal is a duplicate of an appeal from an order of the Court of Claims pending under Appellate Division Docket No. 2016-13034, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before February 16, 2017; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court