Benjamin v State of New York
Motion No: 2008-09155
Slip Opinion No: 2009 NY Slip Op 82096(U)
Decided on September 1, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M91494

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-09155

David Benjamin, appellant,

v State of New York, respondent.

(Claim No. 115343)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Court of Claims dated August 28, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 2, 2009.

SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court