Opinion
DOCKET NO. CA 15-00287
04-15-2015
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 for a calendar preference on 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,
Now, upon reading and filing the affidavit of Anthony F. Endieveri, Esq., sworn to March 24, 2015, the notice of motion with proof of service thereof, and the affirmation Frederick A. Brodie, Esq., dated April 3, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: April 15, 2015
Frances E. Cafarell, Clerk