Opinion
DOCKET NO. CA 17-00225
03-01-2017
SHAQUAN JORDAN, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: (CLAIM NO. 128248.)
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 in the Office of the Clerk of said court on November 28, 2016, and for leave to appeal to this Court or the Court of Appeals,
Now, upon reading and filing the affidavit of Shaquan Jordan sworn to January 20, 2017, and the notice of motion with proof of service thereof, 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 Clerk of the Court of Claims is hereby directed to 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, and
It is further ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is dismissed (see Court of Claims Act § 24), and
It is further ORDERED that the motion insofar as it seeks leave to appeal to this Court is denied on the ground that, so long as claimant's motion was timely, it appears claimant can appeal as of right from the order (see Court of Claims Act § 24 and CPLR 5701 [a] [2] [iv], [v].
Memorandum: Claimant's time to file and serve a notice of appeal is governed by CPLR 5514 (a).
Entered: March 1, 2017
Frances E. Cafarell, Clerk