Kenworth S. v Claim No. 128819 the State of New York

Motion No: M-4835

Slip Opinion No: 2018 NYSlipOp 89911(U)

Decided on December 4, 2018

Appellate Division, First 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.

December 4, 2018

Kenworth S.,

Claimant-Appellant,CONFIDENTIAL

v

Claim No. 128819

The State of New York,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Court of Claims, Albany County, entered on or about

October 17, 2017, under the case caption Scarlet v The State of New York (Claim No. 128819),And an order of this Court having been entered on May 20, 2018 (M-1553), inter alia, denying claimant-appellant's motion for leave to prosecute the appeal as a poor person, and reinstatement of his appeal under the case caption, People v Kenworth S. (Ind. No. 2147/08), and for related relief, And an order of this Court having been entered on

September 6, 2018 (M-3142), denying claimant-appellant's motion for clarification of the aforesaid order (M-1553), And claimant-appellant, pro se, having moved for permission to submit additional evidence relating to the facts of his case, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied and, sua sponte, the appeal is dismissed. ENTERED: December 4, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Jeffrey K. Oing Peter H. Moulton,Justices

M-4835

Ind. No. 2147/08