| TOM L. CHILDS AND ANN M. CHILDS, CLAIMANTS- V THE STATE OF NEW YORK |
| Motion No: CA 09-02315 |
| Slip Opinion No: 2009 NY Slip Op 90790(U) |
| Decided on December 8, 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 09-02315
| TOM L. CHILDS AND ANN M. CHILDS, CLAIMANTS-APPELLANTS, V THE
STATE OF NEW YORK, DEFENDANT-RESPONDENT. |
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 June 15, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Robert E. Gallagher, Jr. sworn to November 9, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: December 8, 2009
Patricia L. Morgan, Clerk