Thornton, also known as DeLuca, by his guardian, Caraccia v State of

Thornton, also known as DeLuca, by his guardian, Caraccia v State of

Motion No: 2016-08078

Slip Opinion No: 2017 NY Slip Op 67290(U)

Decided on March 15, 2017

Appellate Division, Second 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M227291

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-08078
Jonathan Thornton, also known as Jonathan
DeLuca, by his guardian, Thomas L Caraccia,
et al., respondents, v State of New York, defendant;
Brody, O'Connor & O'Connor, Esqs., nonparty-
appellant.
(Claim No. 87767)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to enlarge the time to perfect an appeal from an order of the Court of Claims, dated March 8, 2016, and for leave to file a portion of the record and the nonparty-appellant's brief under seal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the nonparty-appellant's time to perfect the appeal is enlarged until May 15, 2017, and the record or appendix on the appeal and the nonparty-appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to file a portion of the record and the nonparty-appellant's brief under seal is denied without prejudice to renew upon obtaining an order from the Court of Claims sealing that portion of the record.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court