ARMANDO COLON, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 113340.)
Motion No: CA 17-01020
Slip Opinion No: 2017 NY Slip Op 77718(U)
Decided on June 19, 2017
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.


June 19, 2017

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

DOCKET NO. CA 17-01020

ARMANDO COLON, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 113340.)


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on November 29, 2016,

Now, upon reading and filing the affidavits of Armando Colon sworn to February 27, 2017, and March 21, 2017, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a new motion seeking the same relief that contains all statutorily required necessary papers.

Memorandum: The motion failed to include the following necessary papers: proof of service of the notice of appeal (22 NYCR 1000.13 [a] [5] [i]), proof of service of the motion on the Cayuga County Attorney (22 NYCRR 1000.14 [a] [3], and an original set of the motion papers filed (22 NYCRR 1000.13 [a] [5][iii]).

Entered: June 19, 2017

Frances E. Cafarell, Clerk