| ELBERT WELCH, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 113903) |
| Motion No: CA 11-01784 |
| Slip Opinion No: 2012 NY Slip Op 82315(U) |
| Decided on August 22, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01784
| 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 July 7, 2011,
Now, upon reading and filing the affidavit of Elbert Welch sworn to August 1, 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 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]).
Entered: August 22, 2012
Frances E. Cafarell, Clerk