ANDREW CHARLES B., AS PARENT AND NATURAL GUARDIAN OF M.D.B., AN INFANT, AND ANDREW CHARLES B., AS ADMINISTRATOR OF THE

ANDREW CHARLES B., AS PARENT AND NATURAL GUARDIAN OF M.D.B., AN INFANT, AND ANDREW CHARLES B., AS ADMINISTRATOR OF THE

Motion No: CA 07-01792

Slip Opinion No: 2008 NYSlipOp 61805(U)

Decided on January 23, 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 23, 2008

DOCKET NO. CA 07-01792

ANDREW CHARLES B., AS PARENT AND NATURAL GUARDIAN OF
M.D.B., AN INFANT, AND ANDREW CHARLES B., AS ADMINISTRATOR
OF THE ESTATE OF SARA LYNETTE WELLMON, DECEASED,
CLAIMANT-RESPONDENT,
V
STATE OF NEW YORK, DEFENDANT-APPELLANT.

Respondent having moved to dismiss the appeal taken from a judgment of the Court of Claims entered in the Office of the Clerk of said Court on August 7, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Timothy J. Perry sworn to January 7, 2008, the notice of motion with proof of service thereof, the opposing affirmation of

David M. Finkelstein dated January 16, 2008, the reply affidavit of Timothy J. Perry sworn to

January 18, 2008,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before

March 28, 2008.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk