GAIL JOHNSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF GARY JOHNSON, DECEASED, CLAIMANT V STATE OF NEW YORK
Motion No: CA 16-01827
Slip Opinion No: 2016 NY Slip Op 89767(U)
Decided on October 24, 2016
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.


October 24, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-01827

GAIL JOHNSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE

ESTATE OF GARY JOHNSON, DECEASED,

CLAIMANT-RESPONDENT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-APPELLANT-RESPONDENT.

(CLAIM NO. 113658.)


Claimant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on December 16, 2015,

Now, upon reading and filing the affidavit of Brian C. York, Esq., sworn to October 11, 2016, 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 granted, and claimant shall perfect the appeal on or before December 23, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 24, 2016

Frances E. Cafarell, Clerk