Opinion
DOCKET NO. CA 17-00989
06-19-2017
DOUGLAS W. OWEN, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: (CLAIM NO. 123416.)
Appellant having moved to vacate the dismissal of the appeal taken herein from a decision of the Court of Claims entered in the Office of the Clerk of said court on June 22, 2016,
Now, upon reading and filing the affirmation of David A. Longeretta, Esq., dated May 16, 2017, 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 appellant perfects the appeal on or before August 18, 2017, and
It is further ORDERED that the appellant's notice of appeal is deemed to be a valid notice of appeal from the judgment entered July 12, 2016 (see CPLR 5520 [c]; Progressive Insurance Company v Rudd Spray Service, Inc., 236 AD2d 874, 874-875).
Entered: June 19, 2017
Frances E. Cafarell, Clerk