| 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 70338(U) |
| Decided on April 15, 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 for a calendar preference on 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,
Now, upon reading and filing the affidavit of Anthony F. Endieveri, Esq., sworn to March 24, 2015, the notice of motion with proof of service thereof, and the affirmation Frederick A. Brodie, Esq., dated April 3, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: April 15, 2015
Frances E. Cafarell, Clerk