| ANTHONY BENNETT, CLAIMANT- V STATE OF NEW YORK |
| Motion No: CA 06-01572 |
| Slip Opinion No: 2008 NYSlipOp 69858(U) |
| Decided on April 21, 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. |
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 renewed the motion 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 April 1, 2008, 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, dismissed as untimely (see 22 NYCRR 1000.13 [g])
Entered: April 21, 2008
JoAnn M. Wahl, Clerk