Opinion
DOCKET NO. CA 16-01612
10-19-2016
GLASCO WRIGHT, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: (CLAIM NO. 126445.)
Appellant having moved for permission to proceed as a poor person, assignment of counsel, and leave to appeal to this Court an order of the Court of Claims entered in the Office of the Clerk of said court on August 1, 2016,
Now, upon reading and filing the affidavits of Glasco Wright sworn to September 8, 2016, and September 11, 2016, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Arnold, Esq., dated September 20, 2016, 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 is denied on the ground that, so long as appellant's motion was timely, it appears appellant can appeal as of right (see CPLR 5701 [a] [2] [viii]), and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available. Appellant's time to file and serve a notice of appeal is governed by CPLR 5514 (a).
Entered: October 19, 2016
Frances E. Cafarell, Clerk