THE PEOPLE EX REL. WALTER J. ROACHE V S.A. CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL FACILITY
Motion No: KAH 08-02496
Slip Opinion No: 2009 NYSlipOp 60783(U)
Decided on January 13, 2009
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.


January 13, 2009

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, GREEN, AND PINE, JJ.

KAH 08-02496
Index No: CA 2007-1471

THE PEOPLE OF THE STATE OF NEW YORK EX REL. WALTER J.

ROACHE, PETITIONER-APPELLANT,

V

S.A. CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL FACILITY,

RESPONDENT-RESPONDENT.


Petitioner having moved for leave to file a notice of appeal from an order of the Supreme Court, Oneida County, entered July 11, 2007,

Now, upon reading and filing the affirmation of David Giglio, dated November 28, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Frank K. Walsh, dated December 12, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: January 13, 2009

JoAnn M. Wahl, Clerk