| ELLIOT MARKOWITZ, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 105735.) |
| Motion No: CA 07-01977 |
| Slip Opinion No: 2008 NYSlipOp 81364(U) |
| Decided on August 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, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 07-01977
| ELLIOT MARKOWITZ, CLAIMANT-RESPONDENT, V STATE OF NEW YORK,
DEFENDANT-APPELLANT. (CLAIM NO. 105735.) |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on August 31, 2007, and respondent having cross-moved to strike portions of the proposed record on appeal,
Now, upon reading and filing the affirmation of Kathleen M. Treasure dated August 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Matthew R. Kreinces dated August 12, 2008, the notice of cross 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 and appellant shall perfect the appeal on or before October 3, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as premature.
Entered: August 21, 2008
JoAnn M. Wahl, Clerk