Winter v State of New York
Motion No: 2018-09002
Slip Opinion No: 2019 NY Slip Op 62171(U)
Decided on February 4, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259800

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-09002

Joseph Winter, appellant, v State of New

York, respondent.

(Motion No. M-90798)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 2001 to deem a notice of appeal to reflect that it is from an order of the Court of Claims dated March 12, 2018, pursuant to CPLR 5520(a) to deem the notice of appeal, which was timely filed, to be timely served upon the State of New York, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the appellant's time to perfect the appeal is extended until April 3, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

DILLON, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court