DEREK MCIVER, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 117611.)
Motion No: CA 13-00225
Slip Opinion No: 2014 NY Slip Op 61838(U)
Decided on January 22, 2014
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.


January 22, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00225

DEREK MCIVER, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 117611.)


Appellant having moved for permission to perfect the appeal without a stipulated record and for an extension of time to perfect the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on December 21, 2012,

Now, upon reading and filing the affidavit of Derek McIver sworn to December 3, 2013, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Arnold, Esq., dated December 27, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks to perfect the appeal without a settled or stipulated record (see 22 NYCRR 1000.4 [a] [1] [ii]), and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal to the extent that the ordering paragraph of the order of this Court entered October 24, 2013, is hereby amended by deleting the date December 9, 2013, and inserting in its place the date March 24, 2014.

Entered: January 22, 2014

Frances E. Cafarell, Clerk