| CAESAR TRONOLONE AND KIMBERLY TRONOLONE, CLAIMANTS- V NEW YORK STATE DEPARTMENT OF TRANSPORTATION (CLAIM NO. 111315) |
| Motion No: CA 09-01073 |
| Slip Opinion No: 2009 NY Slip Op 74793(U) |
| Decided on June 8, 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. |
DOCKET NO. CA 09-01073
| CAESAR TRONOLONE AND KIMBERLY TRONOLONE,
CLAIMANTS-APPELLANTS, V NEW YORK STATE DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT. (CLAIM NO.
111315) |
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 February 23, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kevin J. Kruppa sworn to May 26, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Mark H. Cantor dated June 3, 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 September 8, 2009.
Entered: June 8, 2009
Patricia L. Morgan, Clerk