| SHARON A. SURIANI, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF MICHAEL A. SURIANI, CLAIMANT- V STATE OF NEW YORK |
| Motion No: CA 08-00984 |
| Slip Opinion No: 2008 NYSlipOp 72757(U) |
| Decided on May 19, 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. |
DOCKET NO. CA 08-00984
| SHARON A. SURIANI, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN
OF MICHAEL A. SURIANI, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. |
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 January 24, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael F. Perley sworn to April 30, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Samuel J. Capizzi sworn to May 14, 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 August 18, 2008.
Entered: May 19, 2008
JoAnn M. Wahl, Clerk