Arato v State of New York
Motion No: 2006-11041
Slip Opinion No: 2007 NYSlipOp 68860(U)
Decided on May 4, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M54244

S/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-11041

Michael Arato, appellant,

v State of New York, respondent.

(Claim No. 111030)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a "daily report" of the Court of Claims dated October 19, 2006.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a "daily report" (see CPLR 5701).

SPOLZINO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court