In the Matter of Jeffery Goodson v New York State Department of Correctional Services



In the Matter of Jeffery Goodson v New York State Department of Correctional Services
Motion No: 506489
Slip Opinion No: 2009 NYSlipOp 69908(U)
Decided on April 16, 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 16, 2009

Case # 506489


In the Matter of JEFFERY GOODSON,

Respondent,

v
NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,

Appellant.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure to of prosecution.

Motion for permission to proceed as a poor person.

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

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve its record on appeal and brief on or before June 15, 2009, in which event the motion to dismiss is denied, and it is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that respondent may file one original and six typewritten copies of a brief, and the filing fees required by CPLR 8022 are waived.
CARDONA, P.J., SPAIN, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court