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

DOCKET NO. CA 18-00507

SHANNON V. CAMPBELL, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT.

Appellant having moved to expand the record on appeal, for permission to file one record and 10 copies of the brief, to vacate dismissal of the appeal (denominated "extension of time to perfect the appeal") taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on November 1, 2017, and for other relief,

Now, upon reading and filing the affidavit of Shannon V. Campbell sworn to August 17, 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 denied insofar as it seeks to expand the record without prejudice to a motion to settle the record in the Court of Claims (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]), and

It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal on the condition that the appeal is perfected on or before December 17, 2018, and

It if further ORDERED that appellant is directed to file one original record, one original brief, and five copies of the brief.

Entered: October 16, 2018

Mark W. Bennett, Clerk