Appellate Division: Second Judicial Department

M166701

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-09741 Edna Atkins, appellant, v State of New York, respondent. (Claim No. 113569)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(a) to enlarge the time to file a notice of appeal from a judgment of the Court of Claims dated June 1, 2011, which was timely served, and, in effect, to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from a decision of the same court dated April 7, 2011, is deemed to be a notice of appeal from a judgment of the Court of Claims dated June 1, 2011, and entered in the above-entitled action (see CPLR 5512[a]); and it is further,

ORDERED that the motion is granted, and on or before January 17, 2014, the appellant shall file the notice of appeal in the office of the clerk of the Court of Claims and file proof of filing with this Court; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until February 18, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court