| LUKE MICHAEL, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 111667.) |
| Motion No: CA 09-01338 |
| Slip Opinion No: 2009 NY Slip Op 78828(U) |
| Decided on July 20, 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 09-01338
| LUKE MICHAEL, CLAIMANT-RESPONDENT, V STATE OF NEW YORK,
DEFENDANT-APPELLANT. (CLAIM NO. 111667.) |
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 March 27, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas C. Cambier dated June 29, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Patrick B. Sardino sworn to July 7, 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 August 19, 2009.
Entered: July 20, 2009
Patricia L. Morgan, Clerk