| IN THE MATTER OF THOMAS KAMINSKI V SUPERINTENDENT LEO E. PAYANT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, - |
| Motion No: CA 09-01422 |
| Slip Opinion No: 2009 NY Slip Op 90189(U) |
| Decided on December 2, 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, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01422
| IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V
SUPERINTENDENT LEO E. PAYANT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT (PROCEEDING NO. 1.) IN THE MATTER OF
THOMAS KAMINSKI, PETITIONER-APPELLANT, V COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS, ET AL.,
RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2) IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V NEW YORK STATE DIVISION
OF PAROLE, RESPONDENT-RESPONDENT. (PROCEEDING NO. 3.) IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V
SUPERINTENDENT CALVIN RAPSATT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS-RESPONDENTS. (PROCEEDING NO.
4) |
Appellant having moved to withdraw the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 7, 2009,
CA 09-01422
DECEMBER 2, 2009
PAGE 2
Now, upon reading and filing the affidavit of Thomas Kaminski sworn to November 8, 2009, the notice of motion with proof of service thereof, and due deliberation having been thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed.
Entered: December 2, 2009
Patricia L. Morgan, Clerk