Opinion
CLAIM NO. 114519 DOCKET NO. CA 13-01479
09-18-2013
AARON M. WILLEY, 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 November 29, 2012, and having moved for an extension of time to perfect said appeal,
Now, upon reading and filing the affidavits of Aaron Willey sworn to August 15, 2013, and the notices 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 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]), 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 November 18, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that appellant's notice of appeal is deemed to be a notice of appeal from the judgment entered November 29, 2012 (see CPLR 5520 [c]).
Frances E. Cafarell, Clerk