HEATHER THOMAS, CLAIMANT- V STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY, AND NEW YORK STATE DEPARTMENT OF

HEATHER THOMAS, CLAIMANT- V STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY, AND NEW YORK STATE DEPARTMENT OF

Motion No: CA 10-02333

Slip Opinion No: 2011 NY Slip Op 63015(U)

Decided on January 31, 2011

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.

January 31, 2011

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

DOCKET NO. CA 10-02333

HEATHER THOMAS, CLAIMANT-RESPONDENT,
V
STATE OF NEW YORK,
NEW YORK STATE THRUWAY AUTHORITY, AND
NEW YORK STATE DEPARTMENT OF TRANSPORTATION,
DEFENDANTS-APPELLANTS.

Appellants having moved to withdraw the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on January 28, 2010,

Now, upon reading and filing the affidavits of Kevin J. Kruppa, Esq. sworn to November 24, 2010, and December 9, 2010, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq. sworn to November 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed.

Entered: January 31, 2011

Patricia L. Morgan, Clerk