Opinion
DOCKET NO. CA 15-01311
11-07-2016
ERIK JOHNSON, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. (CLAIM NO. 108028.)
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on April 1, 2015,
Now, upon reading and filing the statement of Erik Johnson dated October 20, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: November 7, 2016
Frances E. Cafarell, Clerk