JESSIE J. BARNES, CLAIMANT- V THE STATE OF NEW YORK (CLAIM NO. 100753.)
Motion No: CA 09-01214
Slip Opinion No: 2010 NY Slip Op 78887(U)
Decided on July 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.


July 29, 2010

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

DOCKET NO. CA 09-01214

JESSIE J. BARNES, CLAIMANT-APPELLANT,

V

THE STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 100753.)


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on May 28, 2009,

Now, upon reading and filing the affidavit of Jessie Barnes sworn to July 1, 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 dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g).

Entered: July 29, 2010

Patricia L. Morgan, Clerk