Derek Mciverclaimant v State of New York

Motion No: 508847

Slip Opinion No: 2010 NY Slip Op 73384(U)

Decided on May 28, 2010

Appellate Division, Third 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.

Decided and Entered: May 28, 2010

Case # 508847

DEREK McIVER, Claimant, v STATE OF NEW YORK, Defendant. (Claim No. 110890.)

DECISION AND ORDER ON MOTION

Motion for reconsideration.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, and the decision and order of this Court decided and entered April 2, 2010 is vacated, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to July 27, 2010, and it is further

ORDERED that the motion for permission to prosecute an appeal upon an original record as a poor person and for further relief is denied, without costs. Claimant may perfect the appeal upon one copy of a record on appeal and one signed original and six typewritten copies of a brief and appendix or seven copies of a record on appeal and one signed original and six typewritten copies of a brief, and the filing fees required by CPLR 8022 are waived.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court