Opinion
CLAIM NO. 116249. DOCKET NO. CA 12-00336
06-20-2013
JOHN HOGAN, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 November 21, 2011, and having moved for other relief,
Now, upon reading and filing the affidavit of John Hogan sworn to May 1, 2013, 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 granted on the condition that the appeal is perfected on or before August 19, 2013, and
It is further ORDERED that the motion is otherwise denied (see 22 NYCRR 1000.4 [a] [1] [ii], Matter of Stewart v Soda, 239 AD2d 966).
Memorandum: If a claimant disagrees with how the Court of Claims settled the record, claimant's remedy is to perfect the appeal as settled and to take an appeal from the order of the Court of Claims settling the record.
Frances E. Cafarell, Clerk