ROBERT M. KNAB, JR., CLAIMANT V STATE OF NEW YORK, . STATE OF NEW YORK, CLAIMANTS, NEW YORK STATE THRUWAY AUTHORITY
Motion No: CA 19-01666
Slip Opinion No: 2019 NY Slip Op 80422(U)
Decided on september 23, 2019
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.


september 23, 2019

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

CA 19-01666

ROBERT M. KNAB, JR., CLAIMANT,

V

STATE OF NEW YORK, ET AL. DEFENDANTS.

STATE OF NEW YORK, ET AL. THIRD-PARTY CLAIMANTS,

NEW YORK STATE THRUWAY AUTHORITY AND THE CANAL CORPORATION,

THIRD-PARTY CLAIMANTS-RESPONDENTS,

V

STATE OF NEW YORK, ET AL., DEFENDANTS,

TRAVELERS INDEMNITY COMPANY, THIRD-PARTY

DEFENDANT-APPELLANT.


Appellant having moved, pursuant to CPLR 5520 (a), for curative relief to remedy late service of the notice of appeal taken herein from an order of the Court of Claims, entered February 7, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the notice of appeal is deemed to be timely served on September 12, 2019 (see CPLR 5520 [a]).

Entered:September 23, 2019

Mark W. Bennett

Clerk of the Court