Inmate's appeal request for transcript denied.
|Claimant short name:||WATERS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Claimant's attorney:||KEITH WATERS
|Defendant's attorney:||No Appearance|
|Third-party defendant's attorney:|
|Signature date:||May 22, 2018|
|See also (multicaptioned case)|
The following papers were read and considered by the Court on claimant's poor person application:
Notice of Motion, Claimant's Supporting Affidavit and Exhibits
Claimant seeks an order permitting him to proceed as a poor person in the prosecution of an appeal from this Court's Order entered on October 5, 2017 (Waters v State of New York, UID No. 2017-054-001 [Ct Cl, Rivera, J., Aug. 24, 2017) and for an Order directing that he be provided with a copy of the stenographic transcript of the trial without a fee imposed on him.
CPLR § 1101 (a) provides that a movant must apply for poor person relief to the court in which an appeal has been or will be taken and that the appellate court shall hear the motion on the merits and shall not remand the motion to the trial court for consideration.
In compliance with CPLR § 1101 (a), claimant has applied for poor person relief in the Appellate Division, Third Department (Ex. B). The Third Department denied claimant's application by Decision and Order entered December 7, 2017. Claimant cannot seek redress from this court.
Accordingly, claimant's application is DENIED.
May 22, 2018
White Plains, New York
Judge of the Court of Claims