RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

Motion No: CA 17-02002

Slip Opinion No: 2018 NY Slip Op 66465(U)

Decided on March 5, 2018

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.

March 5, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-02002
DOCKET NO. CA 17-02003
DOCKET NO. CA 17-02004

RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF
MARY DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 098768.)
(APPEAL NO. 1.)
RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF
MARY DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 105712.)
(APPEAL NO. 2.)
RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF
MARY DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 098768.)
RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF
MARY DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 105712.)
(APPEAL NO. 3.)

Appellant having moved for an extension of time to perfect the appeals taken herein from judgments and an order of the Court of Claims entered in the Office of the Clerk of said court on March 15, 2017, and May 31, 2017,

Now, upon reading and filing the affirmation of Michael J. Willett, Esq., dated February 14, 2018, 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 granted to the extent that the second ordering paragraph of the order of this Court entered November 21, 2017, is hereby amended by deleting the date February 21, 2018, and inserting in its place the date April 19, 2018, and

It is further ORDERED that appellant shall perfect appeal No. 3 on or before April 19, 2018, and, in the event of failure to so perfect, appeal No. 3 is hereby dismissed without further order.

Entered: March 5, 2018

Mark W. Bennett, Clerk