| STEPHEN CONAWAY AND ERIKA CONAWAY, CLAIMANTS- V STATE OF NEW YORK |
| Motion No: CA 13-02076 |
| Slip Opinion No: 2013 NY Slip Op 95506(U) |
| Decided on December 30, 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. |
DOCKET NO. CA 13-02076
| STEPHEN CONAWAY AND ERIKA CONAWAY,
CLAIMANTS-RESPONDENTS, V STATE OF NEW YORK, DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on May 2, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Patrick B. Omilian, Esq., dated November 21, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: December 30, 2013
Frances E. Cafarell, Clerk