SHAWN THOMAS AND LYNN THOMAS, CLAIMANTS- V NEW YORK STATE THRUWAY AUTHORITY
Motion No: CA 08-01282
Slip Opinion No: 2008 NYSlipOp 82866(U)
Decided on September 2, 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.


September 2, 2008

DOCKET NO. CA 08-01282

SHAWN THOMAS AND LYNN THOMAS, CLAIMANTS-APPELLANTS,

V

NEW YORK STATE THRUWAY AUTHORITY, DEFENDANT-RESPONDENT.


Respondent having moved to dismiss the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on May 9, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Joseph A. Matteliano dated August 12, 2008, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: September 2, 2008

JoAnn M. Wahl, Clerk