| Gonzalez v State of New York |
| Motion No: 2007-06011 |
| Slip Opinion No: 2007 NYSlipOp 87676(U) |
| Decided on December 31, 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. |
Appellate Division: Second Judicial Department
M64235
S/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
DANIEL D. ANGIOLILLO, JJ.
|
2007-06011
Hector Gonzalez, respondent, v State of New York, appellant. (Claim No. 107301)
| 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 an order of the Court of Claims dated May 21, 2007.
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 the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701; Sainz v New York City Health & Hosp. Corp., 106 AD2d 500); and it is further,
ORDERED that the application is denied as academic.
SPOLZINO, J.P., FLORIO, SKELOS and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court