Opinion
DOCKET NO. CA 16-02018
01-11-2017
DAVID F. TUSZYNSKI, CLAIMANT-APPELLANT, v. THE STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: (CLAIM NO. 125827.)
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on June 15, 2016, and for other and further relief this Court may deem just and proper,
Now, upon reading and filing the statements of David F. Tuszynski dated October 29, 2016, 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 July 2, 2016, is deemed a valid appeal from the order entered July 15, 2016, in the office of the Clerk of the Court of Claims (see CPLR 5520 [c]).
Entered: January 11, 2017
Frances E. Cafarell, Clerk