Warner v. State

Full title: RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN…

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

Date published: Nov 28, 2016

2016 N.Y. Slip Op. 92900 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-02051

11-28-2016

RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF MARY DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.

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

PRESENT: (CLAIM NO. 098768.) (CLAIM NO. 105712.)

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on January 27, 2016,

Now, upon reading and filing the affidavit of Edward C. Cosgrove, Esq., sworn to November 9, 2016, 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, and appellant shall perfect the appeal on or before February 24, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 28, 2016

Frances E. Cafarell, Clerk