| JESSIE J. BARNES, CLAIMANT- V THE STATE OF NEW YORK (CLAIM NO. 100753.) |
| Motion No: CA 09-01214 |
| Slip Opinion No: 2011 NY Slip Op 70034(U) |
| Decided on April 14, 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. |
PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.
DOCKET NO. CA 09-01214
| JESSIE J. BARNES, CLAIMANT-APPELLANT, V THE STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 100753.) |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on May 28, 2009, on the ground that appellant has failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affirmation of Kathleen M. Treasure, Esq. dated March 3, 2011, 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 to the extent that the appeal is dismissed without further order unless appellant serves on respondent a copy of his brief and record on appeal, previously filed with this Court, on or before May 13, 2011, and
It is further ORDERED that respondent shall file its respondent's brief on or before June 17, 2011, and the Clerk shall accept the brief for filing, and
It is further ORDERED that the appeal is removed from the Court's day calendar for May 20, 2011, and added to the calendar for the term of this Court commencing September 6, 2011.
Entered: April 14, 2011
Patricia L. Morgan, Clerk