| BRANDON WILLIAM GARDNER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF WILLIAM G. GARDNER, DECEASED, CYNTHIA ANN |
| Motion No: CA 15-00287 |
| Slip Opinion No: 2015 NY Slip Op 66748(U) |
| Decided on March 12, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00287
| BRANDON WILLIAM GARDNER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE
ESTATE OF WILLIAM G. GARDNER, DECEASED, CYNTHIA ANN GARDNER, AND RYAN J. GARDNER, CLAIMANTS-RESPONDENTS, V STATE OF NEW
YORK, DEFENDANT-APPELLANTS. (CLAIM NO. 109520.) |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on October 6, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Anthony F. Endieveri, Esq., sworn to February 10, 2015, the notice of motion with proof of service thereof, and the affirmation of Paul Groenwegen, Esq., dated February 24, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 12, 2015.
Entered: March 12, 2015
Frances E. Cafarell, Clerk