JOHN ENNIS, CLAIMANT- V THE STATE OF NEW YORK (CLAIM NO. 112001.)
Motion No: CA 09-00694
Slip Opinion No: 2010 NY Slip Op 67232(U)
Decided on March 29, 2010
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.


March 29, 2010

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

DOCKET NO. CA 09-00694

JOHN ENNIS, CLAIMANT-APPELLANT,

V

THE STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 112001.)


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Court of Claims entered in the Office of said Court on January 15, 2009,

Now, upon reading and filing the affidavit of John Ennis sworn to March 9, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, with leave to renew within one year of the date of dismissal upon a showing of merit (see 22 NYCRR 1000.13 [g]).

Entered: March 29, 2010

Patricia L. Morgan, Clerk