| PHILLIP P. BATTEASE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 120512.) |
| Motion No: CA 13-01877 |
| Slip Opinion No: 2014 NY Slip Op 63724(U) |
| Decided on February 11, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01877
| PHILLIP P. BATTEASE, CLAIMANT-APPELLANT, V STATE
OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 120512.) |
Appellant having moved 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 July 29, 2013,
Now, upon reading and filing the affidavit of Phillip P. Battease sworn to January 19, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: February 11, 2014
Frances E. Cafarell, Clerk