| Benjamin v State of New York |
| Motion No: 2008-09155 |
| Slip Opinion No: 2009 NY Slip Op 91656(U) |
| Decided on December 17, 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. |
Appellate Division: Second Judicial Department
M96145
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
SANDRA L. SGROI, JJ.
|
2008-09155 David Benjamin, appellant, v State of New York, respondent. (Claim No. 115343)
| DECISION & ORDER ON MOTION |
Motion by the appellant to waive the filing fee on 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 denied; and it is further,
ORDERED that on the court's own motion, 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 February 16, 2010; and it is further,
ORDERED that no further enlargement of time shall be granted.
COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court