| ELBERT WELCH, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 114627) |
| Motion No: CA 11-00540 |
| Slip Opinion No: 2012 NY Slip Op 89679(U) |
| Decided on November 2, 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 11-00540
| ELBERT WELCH, CLAIMANT-APPELLANT, V STATE OF
NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 114627) |
Appellant having moved to vacate 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,
Now, upon reading and filing the affidavit of Elbert Welch sworn to October 12, 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.
Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).
Entered: November 2, 2012
Frances E. Cafarell, Clerk