Pitts v. State

Full title: DUVAL PITTS, CLAIMANT-RESPONDENT, v. STATE OF NEW YORK…

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

Date published: Nov 21, 2017

2017 N.Y. Slip Op. 93216 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01998 DOCKET NO. CA 17-01999

11-21-2017

DUVAL PITTS, CLAIMANT-RESPONDENT, v. STATE OF NEW YORK, DEFENDANT-APPELLANT. (APPEAL NO. 1.) DUVAL PITTS, CLAIMANT-RESPONDENT, v. STATE OF NEW YORK, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT: (CLAIM NO. 120886.)

Appellant having moved, pursuant to CPLR 5520 (c), for an order deeming the notice of appeal taken herein from a decision of the Court of Claims entered in the Office of the Clerk of said court on September 25, 2017 (appeal No. 1), to be a valid appeal from the interlocutory judgment taken from the Court of Claims entered in the Office of the Clerk of said court on October 4, 2017 (appeal No. 2),

Now, upon reading and filing the affirmation of Jeffrey W. Lang, Esq., dated November 10, 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 is dismissed a unnecessary.

Entered: November 21, 2017

Mark W. Bennett, Clerk