IN THE MATTER OF ROMAN KEVILLY V SUSAN CONNELL, SUPERINTENDENT ONEIDA CORRECTIONAL FACILITY
Motion No: CA 08-02505
Slip Opinion No: 2009 NY Slip Op 86578(U)
Decided on October 19, 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.


October 19, 2009

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

DOCKET NO. CA 08-02505

IN THE MATTER OF ROMAN KEVILLY, PETITIONER-APPELLANT,

V

SUSAN CONNELL, SUPERINTENDENT ONEIDA 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 Oneida on October 9, 2008,

Now, upon reading and filing the affidavit of Roman Kevilly sworn to September 28, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Robert M. Goldfarb dated October 7, 2009, 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 appellant perfect the appeal on or before December 18, 2009

Entered: October 19, 2009

Patricia L. Morgan, Clerk