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

DOCKET NO. CA 11-00540
DOCKET NO. CA 11-01784

ELBERT WELCH, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 114627) ELBERT WELCH, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 113903)

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 November 10, 2010 (Docket No. CA 11-00540), and

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on July 7, 2011 (Docket No. CA 11-01784), and for other relief,

Now, upon reading and filing the affidavit of Elbert Welch sworn to March 27, 2012, 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 from the order entered November 10, 2010, is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered July 7, 2011, is granted and appellant shall perfect the appeal on or before June 13, 2012,15 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is otherwise denied.

Entered: April 12, 2012

Frances E. Cafarell, Clerk