| MATTER OF JAMES ROBERT MOORE V NEW YORK STATE BOARD OF APPEALS |
| Motion No: CA 10-01070 |
| Slip Opinion No: 2010 NY Slip Op 91853(U) |
| Decided on December 23, 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 10-01070
| MATTER OF JAMES ROBERT MOORE, PETITIONER-APPELLANT, V NEW
YORK STATE BOARD OF APPEALS, RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on July 17, 2009, and to perfect the appeal using the appendix method,
Now, upon reading and filing the affidavit of James Robert Moore sworn to November 15, 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 insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before February 22, 2011, and
It is further ORDERED that the motion insofar as it seeks permission to appeal by the appendix method is dismissed as unnecessary.
Entered: December 23, 2010
Patricia L. Morgan, Clerk