| DUVAL PITTS, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 120886.) DUVAL PITTS, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. |
| Motion No: CA 17-01998 |
| Slip Opinion No: 2017 NY Slip Op 93216(U) |
| Decided on November 21, 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 17-01998
DOCKET NO. CA 17-01999
| DUVAL PITTS, CLAIMANT-RESPONDENT, V STATE OF NEW YORK,
DEFENDANT-APPELLANT. (CLAIM NO. 120886.) (APPEAL NO. 1.) DUVAL PITTS, CLAIMANT-RESPONDENT, V STATE OF NEW YORK,
DEFENDANT-APPELLANT. (CLAIM NO. 120886.) (APPEAL NO. 2.) |
Appellant having moved, pursuant to CPLR 5520 (c), for an order deeming the notice of appeal taken herein from a decision of the Court of Claims entered in the Office of the Clerk of said court on September 25, 2017 (appeal No. 1), to be a valid appeal from the interlocutory judgment taken from the Court of Claims entered in the Office of the Clerk of said court on October 4, 2017 (appeal No. 2),
Now, upon reading and filing the affirmation of Jeffrey W. Lang, Esq., dated November 10, 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 is dismissed a unnecessary.
Entered: November 21, 2017
Mark W. Bennett, Clerk