Opinion
DOCKET NO. CA 17-01986 DOCKET NO. CA 17-01987
12-07-2017
JOSE RIVERA, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) JOSE RIVERA, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
PRESENT: (CLAIM NO. 120113.)
Appellant having moved, pursuant to CPLR 5520, for permission to amend the notice of appeal taken from a decision and order of the Court of Claims entered in the Office of the Clerk of said court on September 14, 2017 (appeal No. 2), to include an appeal taken herein from a decision and order of the Court of Claims entered in the Office of the Clerk of said court on February 19, 2016 (appeal No. 1), and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Stacey Van Malden, Esq., dated November 7, 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 granted on the condition that an amended notice of appeal is filed and served on or before December 26, 2017, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: December 7, 2017
Mark W. Bennett, Clerk