Opinion
DOCKET NO. CA 15-00287
03-12-2015
BRANDON WILLIAM GARDNER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF WILLIAM G. GARDNER, DECEASED, CYNTHIA ANN GARDNER, AND RYAN J. GARDNER, CLAIMANTS-RESPONDENTS, v. STATE OF NEW YORK, DEFENDANT-APPELLANTS. (CLAIM NO. 109520.)
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondents having moved to dismiss the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on October 6, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Anthony F. Endieveri, Esq., sworn to February 10, 2015, the notice of motion with proof of service thereof, and the affirmation of Paul Groenwegen, Esq., dated February 24, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 12, 2015.
Entered: March 12, 2015
Frances E. Cafarell, Clerk