RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

Motion No: CA 16-02051

Slip Opinion No: 2016 NY Slip Op 92900(U)

Decided on November 28, 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.

November 28, 2016

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

DOCKET NO. CA 16-02051

RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY
DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 098768.)
RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF MARY
DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 105712.)

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 January 27, 2016,

Now, upon reading and filing the affidavit of Edward C. Cosgrove, Esq., sworn to November 9, 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 appellant shall perfect the appeal on or before February 24, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 28, 2016

Frances E. Cafarell, Clerk