Opinion
Motion No: CA 11-00437 CLAIM NO. 112892.
08-18-2011
SHAWN GREEN, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: , P.J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
Respondent having moved for an order striking appellant's brief and record, vacating this Court's scheduling order, and extending the time to file and serve a brief on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on January 15, 2010,
Now, upon reading and filing the affirmation of Kathleen M. Arnold, Esq., dated July 26, 2011, the notice of motion with proof of service thereof, and the affidavit of Shawn Green sworn to August 8, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike appellant's brief and record is granted to the extent that the brief and record are stricken and the appeal is dismissed if appellant does not serve a copy of the record on respondent on or before August 31, 2011, by mailing it to Kathleen M. Arnold, Assistant Solicitor General, Office of the Attorney General, The Capitol, Albany, New York 12224,
It is further ORDERED that if appellant meets this deadline, respondent shall file and serve its respondent's brief on or before October 5, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 20, 2011.
Patricia L. Morgan, Clerk