| MARK JOHNSON ALSO KNOWN AS WILLIAM UTSEY, CLAIMANT- V THE STATE OF NEW YORK |
| Motion No: CA 09-02112 |
| Slip Opinion No: 2009 NY Slip Op 87823(U) |
| Decided on November 2, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-02112
| MARK JOHNSON ALSO KNOWN AS WILLIAM UTSEY,
CLAIMANT-APPELLANT, V THE STATE OF NEW YORK, DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on December 9, 2008,
Now, upon reading and filing the affirmation of Eileen Kaplan dated October 16, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before January 4, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 2, 2009
Patricia L. Morgan, Clerk