Opinion
Motion No: CA 11-01425
08-12-2011
ANDRE DUBERRY ALSO KNOWN AS ANDRE DOLBERRY, 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 assignment of counsel on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on March 1, 2011,
Now, upon reading and filing the statements of Andre Duberry dated March 28, 2011, April 21, 2011, and June 1, 2011, the notices of motion with proof of service thereof, and the statement of Brett C. Grandville, Esq., dated June 17, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon the filing and service of a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained and setting forth whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay the costs, fees, and expenses associated with this appeal (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Patricia L. Morgan, Clerk