| McCain v State of New York |
| Motion No: 2010-05455 |
| Slip Opinion No: 2011 NY Slip Op 62333(U) |
| Decided on January 26, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M114570
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2010-05455 Adrian McCain, appellant, v State of New York, respondent.
(Claim No. 117454)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Court of Claims dated May 21, 2010, for leave to reargue those branches of his prior motion which were to waive payment of the filing fee and for free transcripts, which were determined by decision and order on motion dated September 3, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 28, 2011.
MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court