| MICHAEL ST. THOMAS AND MARY ST. THOMAS, CLAIMANTS- V STATE OF NEW YORK (CLAIM NO. 124124.) |
| Motion No: CA 17-01389 |
| Slip Opinion No: 2017 NY Slip Op 83160(U) |
| Decided on August 14, 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 NO. CA 17-01389
| MICHAEL ST. THOMAS AND MARY ST. THOMAS,
CLAIMANTS-RESPONDENTS, V STATE OF NEW YORK, DEFENDANT-APPELLANT. (CLAIM NO. 124124.) |
Respondents having moved to dismiss the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on April 21, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michelle Ellsworth Rudderow, Esq., sworn to July 28, 2017, the notice of motion with proof of service thereof, and the affidavit of Norah M. Murphy, Esq., sworn to August 2, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 13, 2017.
Entered: August 14, 2017
Frances E. Cafarell, Clerk