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Hogan v. State

Appellate Division of the Supreme Court of the State of New York
Jun 20, 2013
2013 N.Y. Slip Op. 78327 (N.Y. App. Div. 2013)

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


Summaries of

Hogan v. State

Appellate Division of the Supreme Court of the State of New York
Jun 20, 2013
2013 N.Y. Slip Op. 78327 (N.Y. App. Div. 2013)
Case details for

Hogan v. State

Case Details

Full title:JOHN HOGAN, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jun 20, 2013

Citations

2013 N.Y. Slip Op. 78327 (N.Y. App. Div. 2013)