Opinion
Motion No: CA 14-00671
11-10-2014
DETROY LIVINGSTON, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 120912.)
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on September 18, 2013, having moved to perfect the appeal on less than the required number of records, and having moved for other relief,
Now, upon reading and filing the affidavits of Detroy Livingston sworn to October 8, 2014, and October 10, 2014, and the notices 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 appellant perfects the appeal on or before December 8, 2014, and
It is further ORDERED that the motion insofar as it seeks to perfect the appeal on less than the required number of copies of the record is dismissed on the ground that permission to proceed as a poor person on this appeal was granted by order of this Court entered June 5, 2014, and the motion is otherwise denied.
Entered: November 10, 2014
Frances E. Cafarell, Clerk