DALE J. MORRIS, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF STEPHANIE MORRIS, AN INFANT, CLAIMANT- V STATE OF

DALE J. MORRIS, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF STEPHANIE MORRIS, AN INFANT, CLAIMANT- V STATE OF

Motion No: CA 09-00253

Slip Opinion No: 2009 NYSlipOp 64583(U)

Decided on February 23, 2009

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.

February 23, 2009

DOCKET NO. CA 09-00253

DALE J. MORRIS, INDIVIDUALLY AND AS PARENT AND NATURAL
GUARDIAN OF STEPHANIE MORRIS, AN INFANT,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 106569)

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 October 2, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Thomas M. Witz sworn to February 2, 2009, the notice of motion with proof of service thereof, the opposing affidavit of V. Christopher Potenza sworn to February 13, 2009,

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 April 24, 2009.

Entered: February 23, 2009

JoAnn M. Wahl, Clerk