| Smith v State of New York |
| Motion No: 2020-00886 |
| Slip Opinion No: 2023 NY Slip Op 61929(U) |
| Decided on February 10, 2023 |
| 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
M287333
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
JOSEPH A. ZAYAS
DEBORAH A. DOWLING, JJ.
|
2020-00886 Otis Smith, appellant, v State of New York, respondent. (Claim No. 121950)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Court of Claims dated November 12, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant to vacate the dismissal of the appeal, pursuant to 22 NYCRR 1250.10(c), to extend the time to perfect the appeal, for leave to prosecute the appeal 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 motion is denied.
BARROS, J.P., MALTESE, ZAYAS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court