Holmes
v.
State

Appellate Division of the Supreme Court of the State of New YorkAug 30, 2018
2018 N.Y. Slip Op. 82803 (N.Y. App. Div. 2018)

DOCKET NO. CA 18-01454

08-30-2018

DAMON M. HOLMES, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.


PRESENT: (CLAIM NO. 130385.)

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on July 20, 2018,

Now, upon reading and filing the affidavits of Damon M. Holmes sworn to August 6, 2018, 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 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.

Memorandum: Assignment of counsel is not available.

Entered: August 30, 2018

Mark W. Bennett, Clerk