| JOHN HOGAN, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 116249.) |
| Motion No: CA 12-00336 |
| Slip Opinion No: 2013 NY Slip Op 78327(U) |
| Decided on June 20, 2013 |
| 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 12-00336
| JOHN HOGAN, CLAIMANT-APPELLANT, V STATE OF NEW
YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 116249.) |
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 21, 2011, and having moved for other relief,
Now, upon reading and filing the affidavit of John Hogan sworn to May 1, 2013, 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 granted on the condition that the appeal is perfected on or before August 19, 2013, and
It is further ORDERED that the motion is otherwise denied (see 22 NYCRR 1000.4 [a] [1] [ii], Matter of Stewart v Soda, 239 AD2d 966).
Memorandum: If a claimant disagrees with how the Court of Claims settled the record, claimant's remedy is to perfect the appeal as settled and to take an appeal from the order of the Court of Claims settling the record.
Entered: June 20, 2013
Frances E. Cafarell, Clerk