| ELLIOT MARKOWITZ, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 105735.) |
| Motion No: CA 07-01977 |
| Slip Opinion No: 2007 NYSlipOp 81922(U) |
| Decided on October 18, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01977
| ELLIOT MARKOWITZ, CLAIMANT-RESPONDENT, V STATE OF NEW YORK, DEFENDANT-APPELLANT. (CLAIM NO. 105735.) |
Defendant having moved for leave to appeal to this Court from an order of the Court of Claims entered in the office of the Clerk of said Court on August 31, 2007,
Now, upon reading and filing the affirmation of Thomas G. Ramsay dated
September 28, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: The motion for leave to appeal is denied because the appeal lies as of right. Defendant has 30 days from the service of our order with notice of entry to file and serve a notice of appeal (see CPLR 5514 [a]; Matter of Sawma v Bane, 197 AD2d 938 [1993], appeal dismissed 82 NY2d 882 [1993], rearg denied 83 NY2d 846 [1994], 83 NY2d 1001 [1994]).
Entered: October 18, 2007
JoAnn M. Wahl, Clerk