| MICHAEL A. DAVIS, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 106740.) |
| Motion No: CA 08-00110 |
| Slip Opinion No: 2009 NYSlipOp 65623(U) |
| Decided on March 3, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00110
| MICHAEL A. DAVIS, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 106740.) |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Court of Claims entered in the office of the Clerk of said Court on August 1, 2007, and for other relief,
Now, upon reading and filing the affidavit of Michael A. Davis sworn to February 12, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to vacate dismissal be, and the same hereby is, granted, on the condition that appellant perfect the appeal on or before April 3, 2009, and the motion is otherwise denied.
Entered: March 3, 2009
JoAnn M. Wahl, Clerk