Opinion
DOCKET NO. CA 17-01020
06-19-2017
ARMANDO COLON, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: (CLAIM NO. 113340.)
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on November 29, 2016,
Now, upon reading and filing the affidavits of Armando Colon sworn to February 27, 2017, and March 21, 2017, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a new motion seeking the same relief that contains all statutorily required necessary papers.
Memorandum: The motion failed to include the following necessary papers: proof of service of the notice of appeal (22 NYCR 1000.13 [a] [5] [i]), proof of service of the motion on the Cayuga County Attorney (22 NYCRR 1000.14 [a] [3], and an original set of the motion papers filed (22 NYCRR 1000.13 [a] [5][iii]).
Entered: June 19, 2017
Frances E. Cafarell, Clerk