Opinion
CLAIM NO. 114040 DOCKET NO. CA 13-01679
10-09-2013
DANIEL G. GRISTWOOD, CLAIMANT-RESPONDENT, v. STATE OF NEW YORK, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent 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 May 7, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Patricia A. Lynn-Ford, Esq., dated September 13, 2013, the notice of motion with proof of service thereof, and the affirmation of Robert M. Goldfarb, Esq., dated October 1, 2013, 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 December 9, 2013.
Frances E. Cafarell, Clerk