Opinion
CLAIM NO. 114762 DOCKET NO. CA 13-00224
03-06-2013
DEREK MCIVER, 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 on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on August 28, 2012, and for other relief,
Now, upon reading and filing the affidavit of Derek McIver sworn to January 23, 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 insofar as it seeks permission to proceed as a poor person is granted, and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the Court of Claims is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based, 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.
Frances E. Cafarell, Clerk