| ELBERT WELCH, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 113903) |
| Motion No: CA 11-01784 |
| Slip Opinion No: 2012 NY Slip Op 84924(U) |
| Decided on September 19, 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: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND CARNI, 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 29, 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 is granted, on the condition that appellant perfects the appeal on or before November 19, 2012.
Entered: September 19, 2012
Frances E. Cafarell, Clerk