Appellate Division: Second Judicial Department

M287219

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2022-01275 A. S., appellant, v State of New York, respondent. (Claim No. 136776)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 23, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from an order of the Court of Claims, dated January 10, 2022. Motion by A.S., in effect, to deem the notice of appeal to reflect that the claimant A.S. is the appealing party, and to extend the time to perfect the appeal.

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 branch of the motion which is, in effect, to deem the notice of appeal to reflect that the claimant A.S. is the appealing party is granted, and the notice of appeal is deemed to reflect that A.S. is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before March 9, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix

and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., MILLER, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court