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 91665(U)
Decided on December 16, 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.


December 16, 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 to vacate the dismissal of the appeal taken herein 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 J. Barnes sworn to August 10, 2010, and 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, on the condition that appellant perfects the appeal on or before February 14, 2011.

Entered: December 16, 2010

Patricia L. Morgan, Clerk