| LOUIS ROSARIO, ALSO KNOWN AS SALVADOR GARCIA, CLAIMANT V STATE OF NEW YORK, . (CLAIM NO. 97663.) |
| Motion No: CA 07-02242 |
| Slip Opinion No: 2007 NYSlipOp 83182(U) |
| Decided on November 7, 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 07-02242
| LOUIS ROSARIO, ALSO KNOWN AS SALVADOR GARCIA,
CLAIMANT-RESPONDENT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-APPELLANT-RESPONDENT. (CLAIM NO.
97663.) |
Appellant-respondent having moved for an extension of time to perfect the appeal taken from a judgment of the Court of Claims entered in the Office of the Clerk of said Court on January 17, 2007, and respondent-appellant having cross-moved for an extension of time to perfect the cross appeal,
Now, upon reading and filing the affirmation of Denise A. Hartman dated
October 24, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Michael E. Basile sworn to October 31, 2007, the notice of cross 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, granted and appellant-respondent shall perfect the appeal on or before December 7, 2007 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, granted and respondent-appellant shall perfect the cross appeal on or before January 11, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: November 7, 2007
JoAnn M. Wahl, Clerk