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

DOCKET NO. CA 18-01409

DAMON M. HOLMES, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NOS. 130383, 130384, AND 130385.)

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on 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, 2018,

Now, upon reading and filing the affidavits of Damon M. Holmes sworn to July 23, 2018, 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 the motion is otherwise denied, 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.

Memorandum: Assignment of counsel is not available.

Entered: August 10, 2018

Mark W. Bennett, Clerk