Opinion
DOCKET NO. CA 15-00202
03-16-2015
JOSHUA J. KEPPEN, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.(CLAIM NO. 119851.)
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved for permission to proceed as a poor person, for relief pursuant to CPLR 5520 (a) and (c), and for an extension of time to perfect the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on May 22, 2014,
Now, upon reading and filing the affidavits of Joshua Keppen sworn to August 3, 2014, January 22, 2015, September 14, 2014, and October 21, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks 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 notice of appeal dated May 24, 2014, is deemed to be a valid appeal from the judgment entered in the Office of the Clerk of the Court of Claims on May 22, 2014 (see CPLR 5520 [c]), and
It is further ORDERED that appellant's motion insofar as it seeks relief pursuant to CPLR 5520 (a) is dismissed without prejudice to a new motion demonstrating why such relief is necessary, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before May 15, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 16, 2015
Frances E. Cafarell, Clerk