| DAVID DONAHUE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 115106.) |
| Motion No: CA 18-00894 |
| Slip Opinion No: 2018 NY Slip Op 74434(U) |
| Decided on May 31, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00894
| DAVID DONAHUE, CLAIMANT-RESPONDENT, V STATE OF NEW YORK,
DEFENDANT-APPELLANT. (CLAIM NO. 115106.) |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on January 30, 2018, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael C. O'Neill, Esq., dated May 9, 2018, the notice of motion with proof of service thereof, and the affirmation of Jeffrey W. Lang, Esq., dated May 18, 2018, 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 July 30, 2018.
Entered: May 31, 2018
Mark W. Bennett, Clerk