| PEOPLE EX REL., FRANKLIN LEONARD V JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: KAH 05-02606 |
| Slip Opinion No: 2008 NYSlipOp 69797(U) |
| Decided on April 10, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KAH 05-02606
Index No: 05-0190
| PEOPLE OF THE STATE OF NEW YORK EX REL., FRANKLIN LEONARD,
PETITIONER-APPELLANT, V JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Petitioner having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on August 18, 2005,
Now, upon reading and filing the affirmation of Jethro Loftus dated March 17, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Denise A. Hartman dated March 26, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, on the condition that the appeal is perfected on or before June 9, 2008.
Entered: April 10, 2008
JoAnn M. Wahl, Clerk