MATTER OF JEFFREY WILLIAMS V WARREN D. BARKLEY, SUPERINTENDENT C.V.C.F., NEW YORK STATE, DIVISION OF PAROLE
Motion No: CA 07-01429
Slip Opinion No: 2009 NY Slip Op 82298(U)
Decided on August 31, 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.


August 31, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-01429

MATTER OF JEFFREY WILLIAMS, PETITIONER-APPELLANT,

V

WARREN D. BARKLEY, SUPERINTENDENT C.V.C.F., NEW YORK STATE,

DIVISION OF PAROLE, RESPONDENT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on June 13, 2007,

Now, upon reading and filing the affidavit of Jeffrey Williams sworn to August 20, 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, denied as untimely (see 22 NYCRR 1000.13 [g]).

Entered: August 31, 2009

Patricia L. Morgan, Clerk