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 74368(U)
Decided on May 27, 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.


May 27, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, SCONIERS, AND GORSKI, 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 permission to file a supplemental record, and for other relief, on 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,

Now, upon reading and filing the affidavits of Jessie J. Barnes sworn to March 28, 2011, and May 10, 2011, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Treasure, Esq. dated May 4, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that documents included in Court of Claims' order settling the record may be filed in a supplemental record, on the condition that appellant files and serves the supplemental record on or before June 27, 2011, and the Clerk shall accept said supplemental record for filing, and

It is further ORDERED that the motion is otherwise denied.

Entered: May 27, 2011

Patricia L. Morgan, Clerk