ANTHONY BENNETT, CLAIMANT- V STATE OF NEW YORK
Motion No: CA 06-01572
Slip Opinion No: 2008 NYSlipOp 61301(U)
Decided on January 15, 2008
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.


January 15, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 06-01572
(MOTION NO. M-71219.)

ANTHONY BENNETT, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on April 11, 2006,

Now, upon reading and filing the affidavit of Anthony Bennett sworn to

December 18, 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, granted, on the condition that appellant perfect the appeal on or before February 27, 2008.

Memorandum: No further extensions will be granted.

Entered: January 15, 2008

JoAnn M. Wahl, Clerk