Opinion
Motion No. 2022-04265 Claim. No. 132201 Case No. 2022-04818
12-29-2022
Alejandro Henriquez, Claimant-Appellant, v. The State of New York, Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, David Friedman Lizbeth González Tanya R. Kennedy John R. Higgitt, Presiding Justice, Justices.
Claimant-appellant having moved for an extension of time in which to file an untimely notice of appeal from the judgment of the Court of Claims, State of New York, entered on or about August 04, 2022, for leave to prosecute the appeal as a poor person and assignment of counsel, and for related relief, 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 granted to the extent of deeming claimant's October 24, 2022 notice of appeal a timely amended notice of appeal from the aforesaid August 04, 2022 judgment, pursuant to CPLR 5520(c), and to the extent claimant seeks poor person relief, the motion is denied, with leave to renew upon claimant's submission of a notarized affidavit, pursuant to CPLR 1101, which includes details of the merits of his appeal and attaches a copy of the decision dismissing his claim, upon which decision the judgment appealed from was based.