| THE PEOPLE EX REL. ANTHONY SMITH V NEW YORK STATE DIVISION OF PAROLE |
| Motion No: KAH 08-01858 |
| Slip Opinion No: 2009 NY Slip Op 76194(U) |
| Decided on June 22, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KAH 08-01858
Index No: 2008-3243
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANTHONY SMITH,
PETITIONER-APPELLANT, V NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT. |
Petitioner having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Onondaga County, July 16, 2008,
Now, upon reading and filing the affirmation of Christine M. Cook dated June 8, 2009, 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, on the condition that the appeal is perfected on or before August 21, 2009.
Entered: June 22, 2009
Patricia L. Morgan, Clerk