| NOCO ENERGY CORP., CLAIMANT- V STATE OF NEW YORK |
| Motion No: CA 08-00587 |
| Slip Opinion No: 2008 NYSlipOp 92887(U) |
| Decided on December 23, 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 08-00587
| NOCO ENERGY CORP., CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from a judgment of the Court of Claims entered in the Office of the Clerk of said Court on February 11, 2008,
Now, upon reading and filing the affidavit of Michael G. Wolfgang sworn to December 5, 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, granted and appellant shall perfect the appeal on or before February 9, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 23, 2008
JoAnn M. Wahl, Clerk