| 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 80681(U) |
| Decided on August 24, 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. |
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 a subpoena duces tecum on 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 affidavits of Jessie Barnes sworn to June 22, 2010 and July 26, 2010, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are dismissed because the appeal was previously dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g).
Entered: August 24, 2010
Patricia L. Morgan, Clerk