| MATTER OF CHRISTOPHER SHAPARD V ANTHONY ZON, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND GLENN S. GOORD |
| Motion No: CA 06-03320 |
| Slip Opinion No: 2008 NYSlipOp 81370(U) |
| Decided on August 21, 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, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 06-03320
| MATTER OF CHRISTOPHER SHAPARD, PETITIONER-APPELLANT, V
ANTHONY ZON, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND GLENN S. GOORD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONAL SERVICES, RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2006, and for other relief,
Now, upon reading and filing the affidavit of Christopher Shapard sworn to July 28, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that dismissal of the appeal is vacated on the condition that appellant perfect the appeal on or before October 20, 2008, and the motion is otherwise denied.
Memorandum: It is appellant's responsibility to assemble the record on appeal in accordance with the Court's Rules, not the responsibility of the Erie County Clerk.
Entered: August 21, 2008
JoAnn M. Wahl, Clerk