Wiltz v State of New York
Motion No: 2022-10219
Slip Opinion No: 2025 NY Slip Op 62098(U)
Decided on February 5, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302639

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2022-10219

Randall Wiltz, appellant,

v State of New York, respondent.

(Claim No. 135840)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated August 12, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 7, 2025, the appellant shall and serve the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., MILLER, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court