| PHILLIP P. BATTEASE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 120512.) |
| Motion No: CA 13-01877 |
| Slip Opinion No: 2014 NY Slip Op 77078(U) |
| Decided on June 27, 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, and having moved to file the record in one parcel and the brief in a separate parcel,
Now, upon reading and filing the affidavits of Phillip P. Battease sworn to June 6, 2014, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Arnold, Esq., dated June 19, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal, and appellant shall perfect the appeal on or before September 25, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion is otherwise denied.
Entered: June 27, 2014
Frances E. Cafarell, Clerk