JOHN ENNIS, CLAIMANT- V THE STATE OF NEW YORK (CLAIM NO. 112001.)
Motion No: CA 09-00694
Slip Opinion No: 2010 NY Slip Op 75869(U)
Decided on June 28, 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.


June 28, 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 vacate the dismissal of the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on January 15, 2009,

Now, upon reading and filing the affidavit of John Ennis sworn to April 15, 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 granted and appellant shall perfect the appeal on or before August 27, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 28, 2010

Patricia L. Morgan, Clerk