| PEOPLE EX REL. VARREL MITCHELL V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY |
| Motion No: KAH 07-00986 |
| Slip Opinion No: 2008 NYSlipOp 79057(U) |
| Decided on July 23, 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
KAH 07-00986
Index No: 941-2006
| PEOPLE OF THE STATE OF NEW YORK EX REL., VARREL MITCHELL,
PETITIONER-APPELLANT, V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for a default judgment on his appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Livingston, on November 22, 2006, and for other relief,
Now, upon reading and filing the affidavit of Varrel Mitchell, sworn to June 10, 2008, the notice of motion with proof of service thereof, the affirmation of Julie S. Mereson, dated July 3, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied, and
It is further ORDERED that the dismissal of the appeal is vacated on the condition that the appeal is perfected on or before October 21, 2008.
Entered: July 23, 2008
JoAnn M. Wahl, Clerk