Drummond v State of New York
Motion No: 2009-01814
Slip Opinion No: 2009 NY Slip Op 86835(U)
Decided on October 23, 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

M93573

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-01814

James Drummond, appellant,

v State of New York, respondent.

(Claim No. 112382)

DECISION & ORDER ON MOTION

Appeal by James Drummond from a judgment of the Court of Claims dated February 13, 2009. By decision and order on motion dated August 31, 2009, the appellant's motion for leave to reargue his motion to waive the filing fee was denied and the appellant was given until October 5, 2009, to pay the filing fee. The filing fee has not been paid.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court