Opinion
DOCKET NO. CA 15-00701
07-20-2015
BERTRAM PAYNE, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 115204.)
PRESENT:
Appellant having moved for permission to proceed as a poor person 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 February 13, 2015, and other relief,
Now, upon reading and filing the affidavits of Bertram Payne sworn to June 20, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for 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 motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion is otherwise dismissed as unnecessary.
Entered: July 20, 2015
Frances E. Cafarell, Clerk