Appellate Division: Second Judicial Department

M228334

E/ct

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

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

DECISION & ORDER ON MOTION

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. By order to show cause dated January 18, 2017, the parties were 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, and the appellant's motion was held in abeyance in the interim

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the appellant's motion is denied as academic, without prejudice to moving for poor person relief and the assignment of counsel on the appeal under Appellate Division Docket No. 2016-13034.

BALKIN, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court