LEROY JOHNSON, CLAIMANT- V STATE OF NEW YORK
Motion No: CA 24-01493
Slip Opinion No: 2024 NY Slip Op 75250(U)
Decided on September 23, 2024
Appellate Division, Fourth 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.


September 23, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 24-01493

LEROY JOHNSON, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

Index No: 128725


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 March 11, 2024, 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 for permission to proceed as a poor person is granted, and

It is further ORDERED that the Court of Claims provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Erie in providing the aforesaid stenographic copy out of any recovery by judgment or settlement, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect (denominated motion to vacate the dismissal) is granted, the time to perfect the appeal is extended to December 16, 2024.

Entered: September 23, 2024

Ann Dillon Flynn

Clerk of the Court