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

CA 19-00874

RICHARD TIMMONS, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. Claim No: 131501

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Court of Claims, entered November 27, 2018, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, that appellant may prosecute the appeal upon the original record, as defined by 22 NYCRR 1250.9 (a) (4), and an original and five hard copies of appellant's brief, with proof of service, and that the motion is otherwise denied, and

It is further ORDERED that the Clerk of the Court of Claims 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.

Entered: May 29, 2019

Mark W. Bennett

Clerk of the Court