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

DOCKET NO. CA 17-02114

REYNALDO PEREZ, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 125104.)

Appellant having moved for permission to proceed as a poor person and for leave to appeal to this Court an order of the Court of Claims entered in the Office of the Clerk of said court on July 27, 2017,

Now, upon reading and filing the affidavits of Reynaldo Perez sworn to October 8, 2017, 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 granted insofar as it seeks permission to proceed as a poor person, 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, and

It is further ORDERED that the motion denied insofar as it seeks leave to appeal to this Court on the ground that, so long as claimant's motion was timely, it appears claimant can appeal as of right from the order (see Court of Claims Act § 24; CPLR 5701 [a] [2] [iv], [v]).

Memorandum: Claimant's time to file and serve a notice of appeal is governed by CPLR 5514 (a).

Entered: January 10, 2018

Mark W. Bennett, Clerk