| Davison v State of New York |
| Motion No: 2017-01963 |
| Slip Opinion No: 2017 NY Slip Op 81294(U) |
| Decided on July 31, 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. |
Appellate Division: Second Judicial Department
M232531
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2017-01963, 2017-01964 Edward Davison, appellant, v State of New York, respondent. (Claim No. 107884)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeals from a judgment of the Court of Claims dated December 14, 2016, and a decision of the same court dated October 5, 2016, on the original papers and to waive the filing fee.
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 on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is granted to the extent that the appeal from the judgment will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other, the filing fee is waived, and the motion is otherwise denied as academic.
RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court