In the Matter of Daron Ashton v Brian Fischer as Commissioner of Correctional Services Index No. 2894108

Motion No: 505346

Slip Opinion No: 2008 NYSlipOp 88534(U)

Decided on October 30, 2008

Appellate Division, Third 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.

Decided and Entered: October 30, 2008

Case # 505346

In the Matter of DARON ASHTON, Appellant, v BRIAN FISCHER, as Commissioner of Correctional Services, Respondent. Index No. 2894108

DECISION AND ORDER ON MOTION

Application to withdraw and discontinue appeal.

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

ORDERED that the application is granted, without costs.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court