| DOUGLAS W. OWEN, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 123416.) |
| Motion Nos: CA 17-00989 AND CA 17-01817 |
| Slip Opinion No: 2017 NY Slip Op 77740(U) |
| Decided on June 19, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 17-00989 AND CA 17-01817
| DOUGLAS W. OWEN, CLAIMANT-APPELLANT, V STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 123416.) |
Appellant having moved to vacate the dismissal of the appeal taken herein from a decision and an order of the Court of Claims entered in the Office of the Clerk of said court on June 22, 2016,
Now, upon reading and filing the affirmation of David A. Longeretta, Esq., dated May 16, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted on the condition that appellant perfects the appeal on or before August 18, 2017, and
It is further ORDERED that the appellant's notice of appeal is deemed to be a valid notice of appeal from the judgment entered July 12, 2016 (see CPLR 5520 [c]; Progressive Insurance Company v Rudd Spray Service, Inc., 236 AD2d 874, 874-875).
It is further ORDERED that the appeal from the judgment entered July 12, 2016, is hereby dismissed unless appellant perfects the appeal on or before August 18, 2017.
Entered: June 19, 2017
Frances E. Cafarell, Clerk