In the Matter of Rene Diosses v Brian Fischer as Commissioner New York State Department of Correctional Services

In the Matter of Rene Diosses v Brian Fischer as Commissioner New York State Department of Correctional Services
Motion No: 506163
Slip Opinion No: 2009 NYSlipOp 69289(U)
Decided on April 8, 2009
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: April 8, 2009

Case # 506163

In the Matter of RENE DIOSSES,
Respondent,
v
BRIAN FISCHER, as Commissioner, New York State Department of Correctional Services,
Appellant.

DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before June 8, 2009, in which event the motion is denied.
CARDONA, P.J., SPAIN, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court