*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 801

CA 13-01081

PRESENT: SMITH, J.P., CENTRA, CARNI, VALENTINO, AND WHALEN, JJ. BERTRAM PAYNE, CLAIMANT-APPELLANT,

V ORDER STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 115204.)

BERTRAM PAYNE, CLAIMANT-APPELLANT PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered April 2, 2013. The order denied the motion of claimant for a default judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims.

Entered: July 3, 2014 Frances E. Cafarell

Clerk of the Court