PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 09-00339, CA 09-01778, CA 09-01779, AND CA 09-01780

STEVEN CHRISTOPHER, CLAIMANT-RESPONDENT, V THE STATE OF NEW YORK, DEFENDANT-APPELLANT. STEVEN CHRISTOPHER, CLAIMANT-APPELLANT, V THE STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 108185.) STEVEN CHRISTOPHER, CLAIMANT-RESPONDENT, V THE STATE OF NEW YORK DEFENDANT-APPELLANT. (CLAIM NO. 108185.) STEVEN CHRISTOPHER, CLAIMANT-RESPONDENT-APPELLANT, V THE STATE OF NEW YORK DEFENDANT-APPELLANT-RESPONDENT. (CLAIM NO. 108185.)

Defendant having moved to dismiss the cross appeal taken by claimant from an order of the Court of Claims entered in the Office of the Clerk of said Court on August 26, 2008 (Docket No. 09-01778) on the ground that the cross appeal is untimely, and claimant having cross-moved to dismiss defendant's appeals from a decision of the same Court entered January 12, 2009 (Docket No. CA 09-00339) and an amended decision of the same Court entered May 28, 2009 (Docket No. CA 09-01779) on the ground that decisions are not appealable,

DOCKET NOS. CA 09-00339, CA 09-01778, CA 09-01779, AND CA 09-01780

SEPTEMBER 10, 2009

PAGE 2

Now, upon reading and filing the affirmation of Anthony J. Piazza dated August 20, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Christopher G. Johnson dated August 26, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Anthony J. Piazza dated August 28, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that the appeals from the decisions entered January 12, 2009 and May 28, 2009 and the cross appeal from the order entered August 26, 2008 are hereby dismissed, and the appeals and cross appeal are deemed to have been taken from the judgment of the same Court entered June 4, 2009 (Docket No. CA 09-01780).

Entered: September 10, 2009

Patricia L. Morgan, Clerk