| Gumbs v State of New York |
| Motion No: 2019-13761 |
| Slip Opinion No: 2020 NY Slip Op 66022(U) |
| Decided on May 8, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M270745
kbp/
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2019-13761 Benito Gumbs, claimant, v State of New York, defendant. (Claim No. 125351)
| DECISION & ORDER ON MOTION |
2020-00891
Benito Gumbs, appellant,
v State of New York, respondent.
(Claim No. 125351)
Motion by Benito Gumbs on an appeal from a judgment of the Court of Claims dated October 28, 2019, for leave to appeal from an order of the same court dated September 18, 2019, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated September 18, 2019, is denied; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated September 18, 2019, as a poor person and for the assignment of counsel with respect to that appeal is denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the judgment dated October 28, 2019, as a poor person is granted to the extent that the appeal from the judgment dated October 28, 2019, will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court