Opinion
CLAIM NO. 120585. DOCKET NO. CA 13-01910
11-15-2013
GENARO DELACRUZ, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Sepetmber 25, 2013,
Now, upon reading and filing the affidavit of Genaro Delacruz sworn to October 4, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon filing and serving a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Memorandum: Assignment of counsel is not available.
Frances E. Cafarell, Clerk