| AUREL SMITH, CLAIMANT- V STATE OF NEW YORK |
| Motion No: CA 15-00578 |
| Slip Opinion No: 2015 NY Slip Op 70916(U) |
| Decided on April 21, 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 15-00578
| AUREL SMITH, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to take an appeal from an order of the Court of Claims entered in the Office of the Clerk of said court on March 10, 2014, and for leave to proceed on the appeal as a poor person,
Now, upon reading and filing the affidavits of Aurel Smith sworn to December 18, 2014 and April 2, 2015, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are dismissed without prejudice to any appropriate motion pursuant to CPLR 5520 and 1000.13 (g).
Memorandum: To the extent that claimant purports to appeal from an order of the Court of Claims entered March 10, 2014, such appeal was deemed abandoned and dismissed when not perfected within the nine months of service of the notice of appeal (see 22 NYCRR 1000.12 [b]).
Entered: April 21, 2015
Frances E. Cafarell, Clerk