Helgason v State of New York
Motion No: 2008-02263
Slip Opinion No: 2008 NYSlipOp 69163(U)
Decided on April 15, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69036

S/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2008-02263

Bernhard Christian Helgason, appellant,

v State of New York, respondent.

(Claim No. 114179)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 9, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from an order of the Court of Claims dated November 30, 2007, to transfer venue of the appeal to the Appellate Division, First Department.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as unnecessary as venue of the appeal was properly placed in the Appellate Division, First Department.

MILLER, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court