| IN THE MATTER OF ANTHONY MEDINA V H.D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: CA 08-00678 |
| Slip Opinion No: 2009 NY Slip Op 81539(U) |
| Decided on August 20, 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, GREEN, AND PINE, JJ.
DOCKET NO. CA 08-00678
| IN THE MATTER OF ANTHONY MEDINA, PETITIONER-APPELLANT,
V H.D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on March 6, 2008, and for an order certifying the record on appeal,
Now, upon reading and filing the affidavits of Anthony Medina sworn to July 22, 2009 and July 28, 2009, the notices of motion with proof of service thereof, the opposing affirmation of Marcus J. Mastracco dated August 11, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to vacate dismissal be, and the same hereby is, granted, on the condition that appellant perfect the appeal on or before October 19, 2009, and
It is further ORDERED that the motion to certify the record be, and the same hereby is, denied (see 22 NYCRR 1000.4 [a] [1] [ii]).
Entered: August 20, 2009
Patricia L. Morgan, Clerk