Opinion
Motion No: CA 11-01784 CLAIM NO. 113903
08-22-2012
ELBERT WELCH, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on July 7, 2011,
Now, upon reading and filing the affidavit of Elbert Welch sworn to August 1, 2012, 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 denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Frances E. Cafarell, Clerk