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 73894(U)

Decided on May 29, 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.

May 29, 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.)

Respondent having moved for an extension of time to file and serve a brief on 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 Jeffrey W. Lang, Esq., dated May 11, 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 on the condition that the brief is filed and served on or before July 20, 2018, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 6, 2018.

Entered: May 29, 2018

Mark W. Bennett, Clerk